`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5244 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 5244

_______________________________________________________________________

                                 AN ACT


 
To amend title 38, United States Code, to revise and improve veterans' 
               benefits programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans' Benefits 
Improvements Act of 1994''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
                   TITLE I--PERSIAN GULF WAR VETERANS

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Development of medical evaluation protocol.
Sec. 105. Outreach to Persian Gulf veterans.
Sec. 106. Compensation benefits for disability resulting from illness 
                            attributed to service during the Persian 
                            Gulf War.
Sec. 107. Evaluation of health status of spouses and children of 
                            Persian Gulf War veterans.
Sec. 108. Clarification of scope of health examinations provided for 
                            veterans eligible for inclusion in health-
                            related registries.
Sec. 109. Survey of Persian Gulf veterans.
Sec. 110. Authorization for epidemiological studies.
Sec. 111. Cost-savings provisions.
          TITLE II--BOARD OF VETERANS' APPEALS ADMINISTRATION

Sec. 201. Appointment, pay comparability, and performance reviews for 
                            members of the Board of Veterans' Appeals.
Sec. 202. Deadline for establishment of performance evaluation criteria 
                            for Board members.
Sec. 203. Continuation in office of Chairman pending appointment of 
                            successor.
                  TITLE III--ADJUDICATION IMPROVEMENTS

Sec. 301. Acceptance of certain documentation for claims purposes.
Sec. 302. Expedited treatment of remanded claims.
Sec. 303. Screening of appeals.
Sec. 304. Report on feasibility of reorganization of adjudication 
                            divisions in VBA regional offices.
           TITLE IV--VETERANS' CLAIMS ADJUDICATION COMMISSION

Sec. 401. Establishment of commission.
Sec. 402. Duties of the commission.
Sec. 403. Powers of the commission.
Sec. 404. Commission personnel matters.
Sec. 405. Termination of the commission.
Sec. 406. Definitions.
Sec. 407. Funding.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Restatement of intent of Congress concerning coverage of 
                            Radiation-Exposed Veterans Compensation Act 
                            of 1988.
Sec. 502. Extension of authority to maintain regional office in the 
                            Philippines.
Sec. 503. Renouncement of benefit rights.
Sec. 504. Clarification of payment of attorney fees under contingent 
                            fee agreements.
Sec. 505. Codification of herbicide-exposure presumptions established 
                            administratively.
Sec. 506. Treatment of certain income of Alaska natives for purposes of 
                            needs-based benefits.
Sec. 507. Elimination of requirement for payment of certain benefits in 
                            Philippine pesos.
Sec. 508. Study of health consequences for family members of atomic 
                            veterans of exposure of atomic veterans to 
                            ionizing radiation.
Sec. 509. Center for Minority Veterans and Center for Women Veterans.
Sec. 510. Advisory Committee on Minority Veterans.
Sec. 511. Mailing of notices of appeal to the Court of Veterans 
                            Appeals.
               TITLE VI--EDUCATION AND TRAINING PROGRAMS

Sec. 601. Flight training.
Sec. 602. Training and rehabilitation for veterans with service-
                            connected disabilities.
Sec. 603. Alternative teacher certification programs.
Sec. 604. Education outside the United States.
Sec. 605. Correspondence courses.
Sec. 606. State approving agencies.
Sec. 607. Measurement of courses.
Sec. 608. Veterans' Advisory Committee on Education.
Sec. 609. Contract educational and vocational counseling.
Sec. 610. Service Members Occupational Conversion and Training Act of 
                            1992.
                     TITLE VII--EMPLOYMENT PROGRAMS

Sec. 701. Job counseling, training, and placement.
Sec. 702. Employment and training of veterans.
              TITLE VIII--CEMETERIES AND MEMORIAL AFFAIRS

Sec. 801. Eligibility for burial in national cemeteries of spouses who 
                            predecease veterans.
Sec. 802. Restoration of burial eligibility for unremarried spouses.
Sec. 803. Extension of authorization of appropriations for State 
                            cemetery grant program.
Sec. 804. Authority to use flat grave markers at the Willamette 
                            National Cemetery, Oregon.
                       TITLE IX--HOUSING PROGRAMS

Sec. 901. Eligibility.
Sec. 902. Revision in computation of aggregate guaranty.
Sec. 903. Public and community water and sewerage systems.
Sec. 904. Authority to guarantee home refinance loans for energy 
                            efficiency improvements.
Sec. 905. Authority to guarantee loans to refinance adjustable rate 
                            mortgages to fixed rate mortgages.
Sec. 906. Manufactured home loan inspections.
Sec. 907. Procedures on default.
Sec. 908. Minimum active-duty service requirement.
                  TITLE X--HOMELESS VETERANS PROGRAMS

Sec. 1001. Reports on activities of the Department of Veterans Affairs 
                            to assist homeless veterans.
Sec. 1002. Report on assessment and plans for response to needs of 
                            homeless veterans.
Sec. 1003. Increase in number of demonstration programs under Homeless 
                            Veterans Comprehensive Service Programs Act 
                            of 1992.
Sec. 1004. Removal of funding requirement of Homeless Veterans 
                            Comprehensive Service Programs Act of 1992.
Sec. 1005. Sense of Congress.
    TITLE XI--REDUCTIONS IN DEPARTMENT OF VETERANS AFFAIRS PERSONNEL

Sec. 1101. Findings.
Sec. 1102. Requirement for minimum number of full-time equivalent 
                            positions.
Sec. 1103. Enhanced authority to contract for necessary services.
Sec. 1104. Study.
              TITLE XII--TECHNICAL AND CLERICAL AMENDMENTS

Sec. 1201. Amendments to title 38, United States Code.
Sec. 1202. Amendments to other laws administered by Secretary of 
                            Veterans Affairs.
Sec. 1203. Amendments to other laws.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

                   TITLE I--PERSIAN GULF WAR VETERANS

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Persian Gulf War Veterans' Benefits 
Act''.

SEC. 102. FINDINGS.

    The Congress makes the following findings:
            (1) During the Persian Gulf War, members of the Armed 
        Forces were exposed to numerous potentially toxic substances, 
        including fumes and smoke from military operations, oil well 
        fires, diesel exhaust, paints, pesticides, depleted uranium, 
        infectious agents, investigational drugs and vaccines, and 
        indigenous diseases, and were also given multiple 
        immunizations. It is not known whether these servicemembers 
        were exposed to chemical or biological warfare agents. However, 
        threats of enemy use of chemical and biological warfare 
        heightened the psychological stress associated with the 
        military operation.
            (2) Significant numbers of veterans of the Persian Gulf War 
        are suffering from illnesses, or are exhibiting symptoms of 
        illness, that cannot now be diagnosed or clearly defined. As a 
        result, many of these conditions or illnesses are not 
        considered to be service connected under current law for 
        purposes of benefits administered by the Department of Veterans 
        Affairs.
            (3) The National Institutes of Health Technology Assessment 
        Workshop on the Persian Gulf Experience and Health, held in 
        April 1994, concluded that the complex biological, chemical, 
        physical, and psychological environment of the Southwest Asia 
        theater of operations produced complex adverse health effects 
        in Persian Gulf War veterans and that no single disease entity 
        or syndrome is apparent. Rather, it may be that the illnesses 
        suffered by those veterans result from multiple illnesses with 
        overlapping symptoms and causes that have yet to be defined.
            (4) That workshop concluded that the information concerning 
        the range and intensity of exposure to toxic substances by 
        military personnel in the Southwest Asia theater of operations 
        is very limited and that such information was collected only 
        after a considerable delay.
            (5) In response to concerns regarding the health-care needs 
        of Persian Gulf War veterans, particularly those who suffer 
        from illnesses or conditions for which no diagnosis has been 
        made, the Congress, in Public Law 102-585, directed the 
        establishment of a Persian Gulf War Veterans Health Registry, 
        authorized health examinations for veterans of the Persian Gulf 
        War, and provided for the National Academy of Sciences to 
        conduct a comprehensive review and assessment of information 
        regarding the health consequences of military service in the 
        Persian Gulf theater of operations and to develop 
        recommendations on avenues for research regarding such health 
        consequences. In Public Law 103-210, the Congress authorized 
        the Department of Veterans Affairs to provide health care 
        services on a priority basis to Persian Gulf War veterans. The 
        Congress also provided in Public Law 103-160 (the National 
        Defense Authorization Act for Fiscal Year 1994) for the 
        establishment of a specialized environmental medical facility 
        for the conduct of research into the possible health effects of 
        exposure to low levels of hazardous chemicals, especially among 
        Persian Gulf veterans, and for research into the possible 
        health effects of battlefield exposure in such veterans to 
        depleted uranium.
            (6) In response to concerns about the lack of objective 
        research on Gulf War illnesses, Congress included research 
        provisions in the National Defense Authorization Act for Fiscal 
        Year 1995, which was passed by the House and Senate in 
        September 1994. This legislation requires the Secretary of 
        Defense to provide research grants to non-Federal researchers 
        to support three types of studies of the Gulf War syndrome. The 
        first type of study will be an epidemiological study or studies 
        of the incidence, prevalence, and nature of the illness and 
        symptoms and the risk factors associated with symptoms or 
        illnesses. This will include illnesses among spouses and birth 
        defects and illnesses among offspring born before and after the 
        Gulf War. The second group of studies shall be conducted to 
        determine the health consequences of the use of pyridostigmine 
        bromide as a pretreatment antidote enhancer during the Persian 
        Gulf War, alone or in combination with exposure to pesticides, 
        environmental toxins, and other hazardous substances. The final 
        group of studies shall include clinical research and other 
        studies on the causes, possible transmission, and treatment of 
        Gulf War syndrome, and will include studies of veterans and 
        their spouses and children.
            (7) Further research and studies must be undertaken to 
        determine the underlying causes of the illnesses suffered by 
        Persian Gulf War veterans and, pending the outcome of such 
        research, veterans who are seriously ill as the result of such 
        illnesses should be given the benefit of the doubt and be 
        provided compensation benefits to offset the impairment in 
        earnings capacities they may be experiencing.

SEC. 103. PURPOSES.

    The purposes of this title are--
            (1) to provide compensation to Persian Gulf War veterans 
        who suffer disabilities resulting from illnesses that cannot 
        now be diagnosed or defined, and for which other causes cannot 
        be identified;
            (2) to require the Secretary of Veterans Affairs to develop 
        at the earliest possible date case assessment strategies and 
        definitions or diagnoses of such illnesses;
            (3) to promote greater outreach to Persian Gulf War 
        veterans and their families to inform them of ongoing research 
        activities, as well as the services and benefits to which they 
        are currently entitled; and
            (4) to ensure that research activities and accompanying 
        surveys of Persian Gulf War veterans are appropriately funded 
        and undertaken by the Department of Veterans Affairs.

SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

    (a) Uniform Medical Evaluation Protocol.--(1) The Secretary of 
Veterans Affairs shall develop and implement a uniform and 
comprehensive medical evaluation protocol that will ensure appropriate 
medical assessment, diagnosis, and treatment of Persian Gulf War 
veterans who are suffering from illnesses the origins of which are (as 
of the date of the enactment of this Act) unknown and that may be 
attributable to service in the Southwest Asia theater of operations 
during the Persian Gulf War. The protocol shall include an evaluation 
of complaints relating to illnesses involving the reproductive system.
    (2) If such a protocol is not implemented before the end of the 
120-day period beginning on the date of the enactment of this Act, the 
Secretary shall, before the end of such period, submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report as to why such a protocol has not yet been 
developed.
    (3)(A) The Secretary shall ensure that the evaluation under the 
protocol developed under this section is available at all Department 
medical centers that have the capability of providing the medical 
assessment, diagnosis, and treatment required under the protocol.
    (B) The Secretary may enter into contracts with non-Department 
medical facilities for the provision of the evaluation under the 
protocol.
    (C) In the case of a veteran whose residence is distant from a 
medical center described in subparagraph (A), the Secretary may provide 
the evaluation through a Department medical center described in that 
subparagraph and, in such a case, may provide the veteran the travel 
and incidental expenses therefor pursuant to the provisions of section 
111 of title 38, United States Code.
    (4)(A) If the Secretary is unable to diagnose the symptoms or 
illness of a veteran provided an evaluation, or if the symptoms or 
illness of a veteran do not respond to treatment provided by the 
Secretary, the Secretary may use the authority in section 1703 of title 
38, United States Code, in order to provide for the veteran to receive 
diagnostic tests or treatment at a non-Department medical facility that 
may have the capability of diagnosing or treating the symptoms or 
illness of the veteran. The Secretary may provide the veteran the 
travel and incidental expenses therefor pursuant to the provisions of 
section 111 of title 38, United States Code.
    (B) The Secretary shall request from each non-Department medical 
facility that examines or treats a veteran under this paragraph such 
information relating to the diagnosis or treatment as the Secretary 
considers appropriate.
    (5) In each year after the implementation of the protocol, the 
Secretary shall enter into an agreement with the National Academy of 
Sciences under which agreement appropriate experts shall review the 
adequacy of the protocol and its implementation by the Department of 
Veterans Affairs.
    (b) Relationship to Other Comprehensive Clinical Evaluation 
Protocols.--The Secretary, in consultation with the Secretary of 
Defense, shall ensure that the information collected through the 
protocol described in this section is collected and maintained in a 
manner that permits the effective and efficient cross-reference of that 
information with information collected and maintained through the 
comprehensive clinical protocols of the Department of Defense for 
Persian Gulf War veterans.
    (c) Case Definitions and Diagnoses.--The Secretary shall develop 
case definitions or diagnoses for illnesses associated with the service 
described in subsection (a)(1). The Secretary shall develop such 
definitions or diagnoses at the earliest possible date.

SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

    (a) In General.--The Secretary of Veterans Affairs shall implement 
a comprehensive outreach program to inform Persian Gulf War veterans 
and their families of the medical care and other benefits that may be 
provided by the Department of Veterans Affairs and the Department of 
Defense arising from service in the Persian Gulf War.
    (b) Newsletter.--(1) The outreach program shall include a 
newsletter which shall be updated and distributed at least semi-
annually and shall be distributed to the veterans listed on the Persian 
Gulf War Veterans Health Registry. The newsletter shall include 
summaries of the status and findings of Government sponsored research 
on illnesses of Persian Gulf War veterans and their families, as well 
as on benefits available to such individuals through the Department of 
Veterans Affairs. The newsletter shall be prepared in consultation with 
veterans service organizations.
    (2) The requirement under this subsection for the distribution of 
the newsletter shall terminate on December 31, 1999.
    (c) Toll-Free Number.--The outreach program shall include 
establishment of a toll-free telephone number to provide Persian Gulf 
War veterans and their families information on the Persian Gulf War 
Veterans Health Registry, health care and other benefits provided by 
the Department of Veterans Affairs, and such other information as the 
Secretary considers appropriate. Such toll-free telephone number shall 
be established not later than 90 days after the date of the enactment 
of this Act.

SEC. 106. COMPENSATION BENEFITS FOR DISABILITY RESULTING FROM ILLNESS 
              ATTRIBUTED TO SERVICE DURING THE PERSIAN GULF WAR.

    (a) In General.--(1) Chapter 11 is amended by adding at the end of 
subchapter II the following new section:
``Sec. 1117. Compensation for disabilities occurring in Persian Gulf 
              War veterans
    ``(a) The Secretary may pay compensation under this subchapter to 
any Persian Gulf veteran suffering from a chronic disability resulting 
from an undiagnosed illness (or combination of undiagnosed illnesses) 
that--
            ``(1) became manifest during service on active duty in the 
        Armed Forces in the Southwest Asia theater of operations during 
        the Persian Gulf War; or
            ``(2) became manifest to a degree of 10 percent or more 
        within the presumptive period prescribed under subsection (b).
    ``(b) The Secretary shall prescribe by regulation the period of 
time following service in the Southwest Asia theater of operations 
during the Persian Gulf War that the Secretary determines is 
appropriate for presumption of service connection for purposes of this 
section. The Secretary's determination of such period of time shall be 
made following a review of any available credible medical or scientific 
evidence and the historical treatment afforded disabilities for which 
manifestation periods have been established and shall take into account 
other pertinent circumstances regarding the experiences of veterans of 
the Persian Gulf War.
    ``(c)(1) The Secretary shall prescribe regulations to carry out 
this section.
    ``(2) Those regulations shall include the following:
            ``(A) A description of the period and geographical area or 
        areas of military service in connection with which compensation 
        under this section may be paid.
            ``(B) A description of the illnesses for which compensation 
        under this section may be paid.
            ``(C) A description of any relevant medical characteristic 
        (such as a latency period) associated with each such illness.
    ``(d) A disability for which compensation under this subchapter is 
payable shall be considered to be service connected for purposes of all 
other laws of the United States.
    ``(e) For purposes of this section, the term `Persian Gulf veteran' 
means a veteran who served on active duty in the Armed Forces in the 
Southwest Asia theater of operations during the Persian Gulf War.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1116 the 
following new item:

``1117. Compensation for disabilities occurring in Persian Gulf War 
                            veterans.''.
    (b) Conforming Amendments.--Section 1113 is amended--
            (1) by striking out ``section 1112 or 1116'' in the first 
        and third place it appears and inserting in lieu thereof 
        ``section 1112, 1116, or 1117'';
            (2) by striking out ``title'' the second place it appears 
        and inserting in lieu thereof ``title, or payments of 
        compensation pursuant to section 1117 of this title,''; and
            (3) by inserting ``or disabilities'' after ``diseases'' 
        both places it appears in subsection (a).
    (c) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report stating whether or not the Secretary intends 
to pay compensation as provided in section 1117 of title 38, United 
States Code, as added by subsection (a).
    (d) Regulations.--If the Secretary states in the report under 
subsection (c) that the Secretary intends to pay compensation as 
provided in section 1117 of title 38, United States Code, as added by 
subsection (a), the Secretary shall, not later than 30 days after the 
date on which such report is submitted, publish in the Federal Register 
proposed regulations under subsections (b) and (c) of that section.

SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF 
              PERSIAN GULF WAR VETERANS.

    (a) Evaluation Program.--Subject to subsection (c), the Secretary 
of the Veterans Affairs shall conduct a study to evaluate the health 
status of spouses and children of Persian Gulf War veterans. Under the 
study, the Secretary shall provide for the conduct of diagnostic 
testing and appropriate medical examinations of any individual--
            (1) who is the spouse or child of a veteran who--
                    (A) is listed in the Persian Gulf War Veterans 
                Registry established under section 702 of Public Law 
                102-585; and
                    (B) is suffering from an illness or disorder;
            (2) who is apparently suffering from, or may have suffered 
        from, an illness or disorder (including a birth defect, 
        miscarriage, or stillbirth) which cannot be disassociated from 
        the veteran's service in the Southwest Asia theater of 
        operations; and
            (3) who, in the case of a spouse, has granted the Secretary 
        permission to include in the Registry relevant medical data 
        (including a medical history and the results of diagnostic 
        testing and medical examinations) and such other information as 
        the Secretary considers relevant and appropriate with respect 
        to such individual.
Such testing and examinations shall be carried out so as to gather such 
medical data as the Secretary considers relevant and appropriate in 
order to determine the nature and extent of the association, if any, 
between illness or disorder of the spouse or child and the illness of 
the veteran.
    (b) Duration of Program.--The program shall be carried out during 
the period beginning on November 1, 1994, and ending on September 30, 
1996.
    (c) Funding Limitation.--The amount spent for the program under 
subsection (a) may not exceed $2,000,000.
    (d) Contracting.--The Secretary shall provide for the conduct of 
testing and examinations under subsection (a) through appropriate 
contract arrangements.
    (e) Standard Protocols and Guidelines.--The Secretary shall seek to 
ensure uniform development of medical data through the development of 
standard protocols and guidelines for such testing and examinations. If 
such protocols and guidelines have not been adopted before the end of 
the 120-day period beginning on the date of the enactment of this Act, 
the Secretary shall, before the end of such period, submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report as to why such protocols and guidelines have 
not yet been developed.
    (f) Entry of Results in Registry.--The results of diagnostic tests, 
medical histories, and medical examinations conducted under subsection 
(a) shall be entered into the Persian Gulf War Veterans Health 
Registry.
    (g) Outreach.--The Secretary shall conduct such outreach activities 
as the Secretary determines necessary to ensure that implementation of 
this section results in sufficient information to enable the 
Secretary--
            (1) to analyze the health status of large numbers of 
        spouses and children of Persian Gulf veterans; and
            (2) to formulate research hypotheses regarding possible 
        association between illnesses or disorders suffered by Persian 
        Gulf veterans and illnesses or disorders (including birth 
        defects, miscarriages, and stillbirths) suffered by their 
        spouses and children.
    (h) Use Outside Department of Standard Protocols and Guidelines.--
The Secretary shall--
            (1) make the standard protocols and guidelines developed 
        under this section available to any entity which requests a 
        copy of such protocols and guidelines; and
            (2) enter into the registry the results of any examination 
        of the spouse or child of a veteran who served in the Persian 
        Gulf theater which a licensed physician certifies was conducted 
        using those standard protocols and guidelines.
    (i) Reports to Congress.--(1) The Secretary shall submit to 
Congress no later than October 31, 1995, a report on the Secretary's 
implementation of this section.
    (2) The Secretary shall analyze the data entered into the registry 
under this section and shall submit to Congress, not later than March 
1, 1997, a report on that analysis and on the Secretary's 
recommendation for any further legislation or studies regarding the 
health status of spouses and children of Persian Gulf War veterans.
    (j) Definitions.--For purposes of this section, the terms ``child'' 
and ``spouse'' have the meanings given those terms in paragraphs (4) 
and (31), respectively, of section 101 of title 38, United States Code.

SEC. 108. CLARIFICATION OF SCOPE OF HEALTH EXAMINATIONS PROVIDED FOR 
              VETERANS ELIGIBLE FOR INCLUSION IN HEALTH-RELATED 
              REGISTRIES.

    Section 703 of the Persian Gulf War Veterans' Health Status Act 
(title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended--
            (1) by inserting ``(including diagnostic tests)'' after 
        ``examination'' each place it appears other than in subsection 
        (a)(1)(A);
            (2) in subsection (a)(1)(A)--
                    (A) by inserting ``(including any appropriate 
                diagnostic tests)'' after ``a health examination''; and
                    (B) by inserting ``and the tests'' after ``the 
                examination''; and
            (3) in subsection (a)(2), by inserting ``(including any 
        diagnostic tests)'' after ``examinations''.

SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

    (a) In General.--The Secretary of Veterans Affairs may carry out a 
survey of Persian Gulf veterans to gather information on the incidence 
and nature of health problems occurring in Persian Gulf veterans and 
their families.
    (b) Coordination With Department of Defense.--Any survey under 
subsection (a) shall be carried out in coordination with the Secretary 
of Defense.
    (c) Persian Gulf Veteran.--For purposes of this section, a Persian 
Gulf veteran is an individual who served on active duty in the Armed 
Forces in the Southwest Asia theater of operations during the Persian 
Gulf War as defined in section 101(33) of title 38, United States Code.

SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.

    (a) Study of Health Consequences of Persian Gulf Service.--If the 
National Academy of Sciences includes in the report required by section 
706(b) of the Veterans Health Care Act of 1992 (Public Law 102-585) a 
finding that there is a sound basis for an epidemiological study or 
studies on the health consequences of service in the Persian Gulf 
theater of operations during the Persian Gulf War and recommends the 
conduct of such a study or studies, the Secretary of Veterans Affairs 
is authorized to carry out such study.
    (b) Oversight.--(1) The Secretary shall seek to enter into an 
agreement with the Medical Follow-Up Agency (MFUA) of the Institute of 
Medicine of the National Academy of Sciences for (A) the review of 
proposals to conduct the research referred to in subsection (a), (B) 
oversight of such research, and (C) review of the research findings.
    (2) If the Secretary is unable to enter into an agreement under 
paragraph (1) with the entity specified in that paragraph, the 
Secretary shall enter into an agreement described in that paragraph 
with another appropriate scientific organization which does not have a 
connection to the Department of Veterans Affairs. In such a case, the 
Secretary shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives, at least 90 days before the date 
on which the agreement is entered into, notice in writing identifying 
the organization with which the Secretary intends to enter into the 
agreement.
    (c) Access to Data.--The Secretary shall enter into agreements with 
the Secretary of Defense and the Secretary of Health and Human Services 
to make available for the purposes of any study described in subsection 
(a) all data that the Secretary, in consultation with the National 
Academy of Sciences and the contractor for the study, considers 
relevant to the study.
    (d) Authorization.--There are authorized to be appropriated to the 
Department such sums as are necessary for the conduct of studies 
described in subsection (a).

SEC. 111. COST-SAVINGS PROVISIONS.

    (a) Election of Death Pension by Surviving Spouse.--Section 1317 is 
amended--
            (1) by striking out ``No person'' and inserting in lieu 
        thereof ``(a) Except as provided in subsection (b), no 
        person''; and
            (2) by adding at the end the following:
    ``(b) A surviving spouse who is eligible for dependency and 
indemnity compensation may elect to receive death pension instead of 
such compensation.''.
    (b) Policy Regarding Cost-of-Living Adjustment in Compensation 
Rates for Fiscal Year 1995.--The fiscal year 1995 cost-of-living 
adjustments in the rates of and limitations for compensation payable 
under chapter 11 of title 38, United States Code, and of dependency and 
indemnity compensation payable under chapter 13 of such title will be 
no more than a percentage equal to the percentage by which benefit 
amounts payable under title II of the Social Security Act (42 U.S.C. 
401 et seq.) are increased effective December 1, 1994, as a result of a 
determination under section 215(i) of such Act (42 U.S.C. 415(i)), with 
all increased monthly rates and limitations (other than increased rates 
or limitations equal to a whole dollar amount) rounded down to the next 
lower dollar.

          TITLE II--BOARD OF VETERANS' APPEALS ADMINISTRATION

SEC. 201. APPOINTMENT, PAY COMPARABILITY, AND PERFORMANCE REVIEWS FOR 
              MEMBERS OF THE BOARD OF VETERANS' APPEALS.

    (a) Members Other Than Chairman.--(1) Chapter 71 is amended by 
inserting after section 7101 the following new section:
``Sec. 7101A. Members of Board: appointment; pay; performance review
    ``(a) The members of the Board of Veterans' Appeals other than the 
Chairman (and including the Vice Chairman) shall be appointed by the 
Secretary, with the approval of the President, based upon 
recommendations of the Chairman.
    ``(b) Members of the Board (other than the Chairman and any member 
of the Board who is a member of the Senior Executive Service) shall, in 
accordance with regulations prescribed by the Secretary, be paid basic 
pay at rates equivalent to the rates payable under section 5372 of 
title 5.
    ``(c)(1)(A) The Chairman shall establish a panel to review the 
performance of members of the Board. The panel shall be comprised of 
the Chairman and two other members of the Board (other than the Vice 
Chairman). The Chairman shall periodically rotate membership on the 
panel so as to ensure that each member of the Board (other than the 
Vice Chairman) serves as a member of the panel for and within a 
reasonable period.
    ``(B) Not less than one year after the job performance standards 
under subsection (f) are initially established, and not less often than 
once every three years thereafter, the performance review panel shall 
determine, with respect to each member of the Board (other than the 
Chairman or a member who is a member of the Senior Executive Service), 
whether that member's job performance as a member of the Board meets 
the performance standards for a member of the Board established under 
subsection (f). Each such determination shall be in writing.
    ``(2) If the determination of the performance review panel in any 
case is that the member's job performance as a member of the Board 
meets the performance standards for a member of the Board established 
under subsection (f), the Chairman shall recertify the member's 
appointment as a member of the Board.
    ``(3) If the determination of the performance review panel in any 
case is that the member's job performance does not meet the performance 
standards for a member of the Board established under subsection (f), 
the Chairman shall, based upon the individual circumstances, either--
            ``(A) grant the member a conditional recertification; or
            ``(B) recommend to the Secretary that the member be 
        noncertified.
    ``(4) In the case of a member of the Board who is granted a 
conditional recertification under paragraph (3)(A) or (5)(A), the 
performance review panel shall review the member's job performance 
record and make a further determination under paragraph (1) concerning 
that member not later than one year after the date of the conditional 
recertification. If the determination of the performance review panel 
at that time is that the member's job performance as a member of the 
Board still does not meet the performance standards for a member of the 
Board established under subsection (f), the Chairman shall recommend to 
the Secretary that the member be noncertified.
    ``(5) In a case in which the Chairman recommends to the Secretary 
under paragraph (3) or (4) that a member be noncertified, the 
Secretary, after considering the recommendation of the Chairman, may 
either--
            ``(A) grant the member a conditional recertification; or
            ``(B) determine that the member should be noncertified.
    ``(d)(1) If the Secretary, based upon the recommendation of the 
Chairman, determines that a member of the Board should be noncertified, 
that member's appointment as a member of the Board shall be terminated 
and that member shall be removed from the Board.
    ``(2) Upon removal from the Board under paragraph (1), a member of 
the Board (other than the Chairman) who was a career or career-
conditional employee in the civil service before commencement of 
service as a member of the Board shall revert to the civil service 
grade and series held by the member immediately before the appointment 
of the member to the Board.
    ``(e)(1) A member of the Board (other than the Chairman or a member 
of the Senior Executive Service) may be removed as a member of the 
Board by reason of job performance only as provided in subsections (c) 
and (d). Such a member may be removed by the Secretary, upon the 
recommendation of the Chairman, for any other reason as determined by 
the Secretary.
    ``(2) In the case of a removal of a member under this section for a 
reason other than job performance that would be covered by section 7521 
of title 5 in the case of an administrative law judge, the removal of 
the member of the Board shall be carried out subject to the same 
requirements as apply to removal of an administrative law judge under 
that section. Section 554(a)(2) of title 5 shall not apply to a removal 
action under this subsection. In such a removal action, a member shall 
have the rights set out in section 7513(b) of that title.
    ``(f) The Chairman, subject to the approval of the Secretary, shall 
establish standards for the performance of the job of a member of the 
Board (other than the Chairman or a member of the Senior Executive 
Service). Those standards shall establish objective and fair criteria 
for evaluation of the job performance of a member of the Board.
    ``(g) The Secretary shall prescribe procedures for the 
administration of this section, including deadlines and time schedules 
for different actions under this section.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 7101 the 
following new item:

``7101A. Members of Board: appointment; pay; performance review.''.
    (b) Save Pay Provision.--The rate of basic pay payable to an 
individual who is a member of the Board of Veterans' Appeals on the 
date of the enactment of this Act may not be reduced by reason of the 
amendments made by this section to a rate below the rate payable to 
such individual on the day before such date.
    (c) Effective Date.--Section 7101A(b) of title 38, United States 
Code, as added by subsection (a), shall take effect on the first day of 
the first pay period beginning after December 31, 1994.
    (d) Conforming Amendments.--Section 7101(b) is amended--
            (1) by striking out paragraph (2);
            (2) by designating as paragraph (2) the text in paragraph 
        (1) beginning ``The Chairman may be removed''; and
            (3) by striking out ``Members (including the Chairman)'' in 
        paragraph (3) and inserting in lieu thereof ``The Chairman''.

SEC. 202. DEADLINE FOR ESTABLISHMENT OF PERFORMANCE EVALUATION CRITERIA 
              FOR BOARD MEMBERS.

    (a) Deadline.--The job performance standards required to be 
established by section 7101A(f) of title 38, United States Code, as 
added by section 201(a), shall be established not later than 90 days 
after the date of the enactment of this Act.
    (b) Submission to Congressional Committees.--Not later than the 
date on which the standards referred to in subsection (a) take effect, 
the Secretary of Veterans Affairs shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
describing the standards established by the Chairman of the Board of 
Veterans' Appeals.

SEC. 203. CONTINUATION IN OFFICE OF CHAIRMAN PENDING APPOINTMENT OF 
              SUCCESSOR.

    Section 7101(b)(3) is amended by adding at the end the following 
new sentence: ``If, upon the expiration of the term of office for which 
the Chairman was appointed, the position of Chairman would become 
vacant, the individual serving as Chairman may, with the approval of 
the Secretary, continue to serve as Chairman until either appointed to 
another term or a successor is appointed, but not beyond the end of the 
Congress during which the term of office expired.''.

                  TITLE III--ADJUDICATION IMPROVEMENTS

SEC. 301. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR CLAIMS PURPOSES.

    (a) Statements of Claimant To Be Accepted as Proof of 
Relationships.--Chapter 51 is amended by adding at the end the 
following new section:
``Sec. 5124. Acceptance of claimant's statement as proof of 
              relationship
    ``(a) For purposes of benefits under laws administered by the 
Secretary, the Secretary may accept the written statement of a claimant 
as proof of the existence of any relationship specified in subsection 
(b) for the purpose of acting on such individual's claim for benefits.
    ``(b) Subsection (a) applies to proof of the existence of any of 
the following relationships between a claimant and another person:
            ``(1) Marriage.
            ``(2) Dissolution of a marriage.
            ``(3) Birth of a child.
            ``(4) Death of any family member.
    ``(c) The Secretary may require the submission of documentation in 
support of the claimant's statement if--
            ``(1) the claimant does not reside within a State;
            ``(2) the statement on its face raises a question as to its 
        validity;
            ``(3) there is conflicting information of record; or
            ``(4) there is reasonable indication, in the statement or 
        otherwise, of fraud or misrepresentation.''.
    (b) Reports of Examinations by Private Physicians.--Such chapter, 
as amended by subsection (a), is further amended by adding at the end 
the following new section:
``Sec. 5125. Acceptance of reports of private physician examinations
    ``For purposes of establishing any claim for benefits under chapter 
11 or 15 of this title, a report of a medical examination administered 
by a private physician that is provided by a claimant in support of a 
claim for benefits under that chapter may be accepted without a 
requirement for confirmation by an examination by a physician employed 
by the Veterans Health Administration if the report is sufficiently 
complete to be adequate for the purpose of adjudicating such claim.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new items:

``5124. Acceptance of claimant's statement as proof of relationship.
``5125. Acceptance of reports of private physician examinations.''.

SEC. 302. EXPEDITED TREATMENT OF REMANDED CLAIMS.

    The Secretary of Veterans Affairs shall take such actions as may be 
necessary to provide for the expeditious treatment, by the Board of 
Veterans' Appeals and by the regional offices of the Veterans Benefits 
Administration, of any claim that has been remanded by the Board of 
Veterans' Appeals or by the United States Court of Veterans Appeals for 
additional development or other appropriate action.

SEC. 303. SCREENING OF APPEALS.

    Section 7107 is amended--
            (1) in subsection (a)(1), by striking out ``Each case'' and 
        inserting in lieu thereof ``Except as provided in subsection 
        (f), each case''; and
            (2) by adding at the end the following new subsection:
    ``(f) Nothing in this section shall preclude the screening of cases 
for purposes of--
            ``(1) determining the adequacy of the record for decisional 
        purposes; or
            ``(2) the development, or attempted development, of a 
        record found to be inadequate for decisional purposes.''.

SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION OF ADJUDICATION 
              DIVISIONS IN VBA REGIONAL OFFICES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives a 
report addressing the feasibility and impact of a reorganization of the 
adjudication divisions located within the regional offices of the 
Veterans Benefits Administration to a number of such divisions that 
would result in improved efficiency in the processing of claims filed 
by veterans, their survivors, or other eligible persons for benefits 
administered by the Secretary.

           TITLE IV--VETERANS' CLAIMS ADJUDICATION COMMISSION

SEC. 401. ESTABLISHMENT OF COMMISSION.

    (a) Establishment of Commission.--There is hereby established a 
commission to be known as the Veterans' Claims Adjudication Commission 
(hereinafter in this title referred to as the ``commission'').
    (b) Membership.--(1) The commission shall be composed of nine 
members, appointed by the Secretary of Veterans Affairs as follows:
            (A) One member shall be appointed from among former 
        officials of the Department of Veterans Affairs (or the 
        Veterans' Administration).
            (B) Two members shall be appointed from among individuals 
        in the private sector who have expertise in the adjudication of 
        claims relating to insurance or similar benefits.
            (C) Two members shall be appointed from among individuals 
        employed in the Federal Government (other than the Department 
        of Veterans Affairs) who have expertise in the adjudication of 
        claims for benefits under Federal law other than under laws 
        administered by the Secretary of Veterans Affairs.
            (D) Two members shall be appointed from among individuals 
        recommended to the Secretary by representatives of veterans 
        service organizations.
            (E) One member shall be appointed based on a recommendation 
        of the American Bar Association or a similar private 
        organization from among individuals who have expertise in the 
        field of administrative law.
            (F) One member shall be appointed from among current 
        officials of the Department of Veterans Affairs.
    (2) The appointment of members of the commission under this 
subsection shall be made not later than February 1, 1995.
    (c) Period of Appointment; Vacancies.--Members of the commission 
shall be appointed for the life of the commission. A vacancy in the 
commission shall not affect its powers, but shall be filled in the same 
manner as the original appointment.
    (d) Initial Meeting.--The commission shall hold its first meeting 
not later than 30 days after the date on which all members of the 
commission have been appointed.
    (e) Meetings.--The commission shall meet at the call of the 
chairman.
    (f) Quorum.--A majority of the members of the commission shall 
constitute a quorum, but a lesser number may hold hearings.
    (g) Chairman.--The Secretary shall designate a member of the 
commission (other than the commission member who is a current official 
of the Department of Veterans Affairs) to be chairman of the 
commission.

SEC. 402. DUTIES OF THE COMMISSION.

    (a) In General.--The commission shall carry out a study of the 
Department of Veterans Affairs system for the disposition of claims for 
veterans benefits.
    (b) Purpose of Study.--The purpose of the study is to evaluate the 
Department of Veterans Affairs system for the disposition of claims for 
veterans benefits in order to determine the following:
            (1) The efficiency of current processes and procedures 
        under the system for the adjudication, resolution, review, and 
        final disposition of claims for veterans benefits, including 
        the effect of judicial review on the system, and means of 
        increasing the efficiency of the system.
            (2) Means of reducing the number of claims under the system 
        for which final disposition is pending.
            (3) Means of enhancing the ability of the Department of 
        Veterans Affairs to achieve final determination regarding 
        claims under the system in a prompt and appropriate manner.
    (c) Contents of Study.--The study to be carried out by the 
commission under this section is a comprehensive evaluation and 
assessment of the Department of Veterans Affairs system for the 
disposition of claims for veterans benefits (as defined in section 406) 
and of the system for the delivery of such benefits, together with any 
related issues that the commission determines are relevant to the 
study. The study shall include an evaluation and assessment of the 
following:
            (1) The preparation and submission of claims by veterans 
        under the system.
            (2) The processes and procedures under the system for the 
        disposition of claims, including--
                    (A) the scope and nature of the review undertaken 
                with respect to a claim at each stage in the claims 
                disposition process, including the role of hearings 
                throughout the process;
                    (B) the number, Federal employment grade, and 
                experience and qualifications required of the persons 
                undertaking such review at each such stage;
                    (C) opportunities for the submittal of new 
                evidence; and
                    (D) the availability of alternative means of 
                completing claims.
            (3) The effect on the system of the participation of 
        attorneys, members of veterans service organizations, and other 
        advocates on behalf of veterans.
            (4) The effect on the system of actions taken by the 
        Secretary to modernize the information management system of the 
        Department, including the use of electronic data management 
        systems.
            (5) The effect on the system of any work performance 
        standards used by the Secretary at regional offices of the 
        Department and at the Board of Veterans' Appeals.
            (6) The extent of the implementation in the system of the 
        recommendations of the Blue Ribbon Panel on Claims Processing 
        submitted to the Committees on Veterans' Affairs of the Senate 
        and House of Representatives on December 2, 1993, and the 
        effect of such implementation on the system.
            (7) The effectiveness in improving the system of any pilot 
        programs carried out by the Secretary at regional offices of 
        the Department and of efforts by the Secretary to implement 
        such programs throughout the system.
            (8) The effectiveness of the quality control practices and 
        quality assurance practices under the system in achieving the 
        goals of such practices.
    (d) Cooperation of Secretary.--Upon the request of the chairman of 
the commission, the Secretary shall, within 30 days of such request, 
submit to the commission, and to the Committees on Veterans' Affairs of 
the Senate and House of Representatives, such information as the 
chairman shall determine is necessary for the commission to carry out 
the study required under this section.
    (e) Reports.--(1) Not later than one year after the date of the 
enactment of this Act, the commission shall submit to the Secretary and 
to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a preliminary report on the study required under 
subsection (c). The report shall contain the preliminary findings and 
conclusions of the commission with respect to the evaluation and 
assessment required under the study.
    (2) Not later than 18 months after such date, the commission shall 
submit to the Secretary and to such committees a report on such study. 
The report shall include the following:
            (A) The findings and conclusions of the commission, 
        including its findings and conclusions with respect to the 
        matters referred to in subsection (c).
            (B) The recommendations of the commission for means of 
        improving the Department of Veterans Affairs system for the 
        disposition of claims for veterans benefits.
            (C) Such other information and recommendations with respect 
        to the system as the commission considers appropriate.

SEC. 403. POWERS OF THE COMMISSION.

    (a) Hearings.--The commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the commission considers advisable to carry out the 
purposes of this title.
    (b) Information From Federal Agencies.--In addition to the 
information referred to in section 402(d), the commission may secure 
directly from any Federal department or agency such information as the 
commission considers necessary to carry out the provisions of this 
title. Upon request of the chairman of the commission, the head of such 
department or agency shall furnish such information to the commission.
    (c) Postal Services.--The commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 404. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the commission. All members of the commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
commission.
    (c) Staff.--(1) The chairman of the commission may, without regard 
to the civil service laws and regulations, appoint an executive 
director and such other personnel as may be necessary to enable the 
commission to perform its duties. The appointment of an executive 
director shall be subject to approval by the commission.
    (2) The chairman of the commission may fix the compensation of the 
executive director and other personnel without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay for the executive 
director and other personnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 of such title.
    (d) Detail of Government Employees.--Upon request of the chairman 
of the commission, the head of any Federal department or agency may 
detail, on a nonreimbursable basis, any personnel of the department or 
agency to the commission to assist it in carrying out its duties.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairman of the commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 405. TERMINATION OF THE COMMISSION.

    The commission shall terminate 90 days after the date on which the 
commission submits its report under section 402(e)(2).

SEC. 406. DEFINITIONS.

    For the purposes of this title:
            (1) The term ``Department of Veterans Affairs system for 
        the disposition of claims for veterans benefits'' means the 
        processes and procedures of the Department of Veterans Affairs 
        for the adjudication, resolution, review, and final disposition 
        of claims for benefits under the laws administered by the 
        Secretary.
            (2) The term ``Secretary'' means the Secretary of Veterans 
        Affairs.
            (3) The term ``veterans service organizations'' means any 
        organization approved by the Secretary under section 5902(a) of 
        title 38, United States Code.

SEC. 407. FUNDING.

    (a) Fiscal Year 1995.--From amounts appropriated to the Department 
of Veterans Affairs for fiscal year 1995 for the payment of 
compensation and pension, the amount of $400,000 is hereby made 
available for the activities of the commission under this title.
    (b) Availability.--Any sums appropriated to the commission shall 
remain available until expended.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CONCERNING COVERAGE OF 
              RADIATION-EXPOSED VETERANS COMPENSATION ACT OF 1988.

    (a) Restatement of Absence of Statutory Limitation to United States 
Tests.--Clause (i) of section 1112(c)(3)(B) is amended by inserting 
``(without regard to whether the nation conducting the test was the 
United States or another nation)'' after ``nuclear device''.
    (b) Proof of Service Connection of Disabilities Relating to 
Exposure to Ionizing Radiation.--(1) Section 1113(b) is amended--
            (A) by striking out ``title or'' and inserting in lieu 
        thereof ``title,''; and
            (B) by inserting ``, or section 5 of Public Law 98-542 (38 
        U.S.C. 1154 note)'' after ``of this section''.
    (2) The amendments made by paragraph (1) shall apply with respect 
to applications for veterans benefits that are submitted to the 
Secretary of Veterans Affairs after the date of the enactment of this 
Act.

SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE 
              PHILIPPINES.

    Section 315(b) is amended by striking out ``December 31, 1994'' and 
inserting in lieu thereof ``December 31, 1999''.

SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

    Section 5306 is amended by adding at the end the following new 
subsection:
    ``(c) Notwithstanding subsection (b), if a new application for 
pension under chapter 15 of this title or for dependency and indemnity 
compensation for parents under section 1315 of this title is filed 
within one year after renouncement of that benefit, such application 
shall not be treated as an original application and benefits will be 
payable as if the renouncement had not occurred.''.

SEC. 504. CLARIFICATION OF PAYMENT OF ATTORNEY FEES UNDER CONTINGENT 
              FEE AGREEMENTS.

    (a) Clarification.--Subparagraph (A) of section 5904(d)(2) is 
amended to read as follows:
    ``(A) A fee agreement referred to in paragraph (1) is one under 
which the total amount of the fee payable to the attorney--
            ``(i) is to be paid to the attorney by the Secretary 
        directly from any past-due benefits awarded on the basis of the 
        claim; and
            ``(ii) is contingent on whether or not the matter is 
        resolved in a manner favorable to the claimant.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to fee agreements entered into on or after the date 
of the enactment of this Act.

SEC. 505. CODIFICATION OF HERBICIDE-EXPOSURE PRESUMPTIONS ESTABLISHED 
              ADMINISTRATIVELY.

    Section 1116(a)(2) is amended by adding at the end the following 
new subparagraphs:
            ``(D) Hodgkin's disease becoming manifest to a degree of 
        disability of 10 percent or more.
            ``(E) Porphyria cutanea tarda becoming manifest to a degree 
        of disability of 10 percent or more within a year after the 
        last date on which the veteran performed active military, 
        naval, or air service in the Republic of Vietnam during the 
        Vietnam era.
            ``(F) Respiratory cancers (cancer of the lung, bronchus, 
        larynx, or trachea) becoming manifest to a degree of 10 percent 
        or more within 30 years after the last date on which the 
        veteran performed active military, naval, or air service in the 
        Republic of Vietnam during the Vietnam era.
            ``(G) Multiple myeloma becoming manifest to a degree of 
        disability of 10 percent or more.''.

SEC. 506. TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR PURPOSES OF 
              NEEDS-BASED BENEFITS.

    Any receipt by an individual from a Native Corporation under the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of cash, 
stock, land, or other interests referred to in subparagraphs (A) 
through (E) of section 29(c) of that Act (43 U.S.C. 1626(c)) (whether 
such receipt is attributable to the disposition of real property, 
profits from the operation of real property, or otherwise) shall not be 
countable as income for purposes of any law administered by the 
Secretary of Veterans Affairs.

SEC. 507. ELIMINATION OF REQUIREMENT FOR PAYMENT OF CERTAIN BENEFITS IN 
              PHILIPPINE PESOS.

    (a) General Rule.--The second sentence of each of subsections (a) 
and (b) of section 107 is amended--
            (1) by striking out ``rate in pesos as is equivalent to'' 
        and inserting in lieu thereof ``rate of''; and
            (2) by striking out ``rate in Philippine pesos as is 
        equivalent to'' and inserting in lieu thereof ``rate of''.
    (b) Survivors' and Dependents' Educational Assistance.--Sections 
3532(d) and 3565(b)(1) are amended by striking out ``a rate in 
Philippine pesos equivalent to'' and inserting in lieu thereof ``the 
rate of''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to payments made after December 31, 1994.

SEC. 508. STUDY OF HEALTH CONSEQUENCES FOR FAMILY MEMBERS OF ATOMIC 
              VETERANS OF EXPOSURE OF ATOMIC VETERANS TO IONIZING 
              RADIATION.

    (a) Interagency Agreement.--The Secretary of Veterans Affairs shall 
enter into an agreement with the Medical Follow-Up Agency of the 
Institute of the Medicine of the National Academy of Sciences under 
which that agency shall convene a panel of appropriate individuals to 
carry out the evaluation described in subsection (b).
    (b) Evaluation of Feasibility of Study.--(1) The panel convened 
under subsection (a) shall evaluate the feasibility of carrying out a 
study as described in subsection (c).
    (2) The panel shall submit the results of the evaluation under 
paragraph (1) to the Secretary not later than 180 days after the date 
of the enactment of this Act. The Secretary shall promptly notify the 
Committees on Veterans' Affairs of the Senate and the House of 
Representatives of such results.
    (c) Description of Study To Be Evaluated.--The study referred to in 
subsection (b) (the feasibility of which is to be evaluated under that 
subsection by the panel convened under subsection (a)) is one which 
would determine the nature and extent, if any, of the relationship 
between the exposure of veterans described in subsection (d) to 
ionizing radiation and the following:
            (1) Genetic defects and illnesses in the children and 
        grandchildren of such veterans.
            (2) Untoward pregnancy outcomes experienced by the wives of 
        such veterans, including premature births, stillbirths, 
        miscarriages, neonatal illnesses and deaths.
            (3) Periparturient diseases of the mother which are the 
        direct result of such untoward pregnancy outcomes.
    (d) Covered Veterans.--Subsection (c) applies to--
            (1) any veteran who was exposed (as determined by the 
        Secretary) to ionizing radiation as a result of--
                    (A) participation while on active duty in the Armed 
                Forces in an atmospheric nuclear test that included the 
                detonation of a nuclear device;
                    (B) service in the Armed Forces with the United 
                States occupation force of Hiroshima or Nagasaki, 
                Japan, before July 1, 1946; or
                    (C) internment or detention as a prisoner of war of 
                Japan before that date in circumstances providing the 
                opportunity for exposure to ionizing radiation 
                comparable to the exposure of individuals who served 
                with such occupation force before that date; and
            (2) any other veteran who the Secretary designates for 
        coverage under the study.

SEC. 509. CENTER FOR MINORITY VETERANS AND CENTER FOR WOMEN VETERANS.

    (a) In General.--Chapter 3 is amended by striking out section 317 
and inserting in lieu thereof the following new sections:
``Sec. 317. Center for Minority Veterans
    ``(a) There is in the Department a Center for Minority Veterans. 
There is at the head of the Center a Director.
    ``(b) The Director shall be a noncareer appointee in the Senior 
Executive Service. The Director shall be appointed for a term of six 
years.
    ``(c) The Director reports directly to the Secretary or the Deputy 
Secretary concerning the activities of the Center.
    ``(d) The Director shall perform the following functions with 
respect to veterans who are minorities:
            ``(1) Serve as principal adviser to the Secretary on the 
        adoption and implementation of policies and programs affecting 
        veterans who are minorities.
            ``(2) Make recommendations to the Secretary, the Under 
        Secretary for Health, the Under Secretary for Benefits, and 
        other Department officials for the establishment or improvement 
        of programs in the Department for which veterans who are 
        minorities are eligible.
            ``(3) Promote the use of benefits authorized by this title 
        by veterans who are minorities and the conduct of outreach 
        activities to veterans who are minorities, in conjunction with 
        outreach activities carried out under chapter 77 of this title.
            ``(4) Disseminate information and serve as a resource 
        center for the exchange of information regarding innovative and 
        successful programs which improve the services available to 
        veterans who are minorities.
            ``(5) Conduct and sponsor appropriate social and 
        demographic research on the needs of veterans who are 
        minorities and the extent to which programs authorized under 
        this title meet the needs of those veterans, without regard to 
        any law concerning the collection of information from the 
        public.
            ``(6) Analyze and evaluate complaints made by or on behalf 
        of veterans who are minorities about the adequacy and 
        timeliness of services provided by the Department and advise 
        the appropriate official of the Department of the results of 
        such analysis or evaluation.
            ``(7) Consult with, and provide assistance and information 
        to, officials responsible for administering Federal, State, 
        local, and private programs that assist veterans, to encourage 
        those officials to adopt policies which promote the use of 
        those programs by veterans who are minorities.
            ``(8) Advise the Secretary when laws or policies have the 
        effect of discouraging the use of benefits by veterans who are 
        minorities.
            ``(9) Publicize the results of medical research which are 
        of particular significance to veterans who are minorities.
            ``(10) Perform such other duties consistent with this 
        section as the Secretary shall prescribe.
    ``(e) The Secretary shall ensure that the Director is furnished 
sufficient resources to enable the Director to carry out the functions 
of the Center in a timely manner.
    ``(f) The Secretary shall include in documents submitted to 
Congress by the Secretary in support of the President's budget for each 
fiscal year--
            ``(1) detailed information on the budget for the Center;
            ``(2) the Secretary's opinion as to whether the resources 
        (including the number of employees) proposed in the budget for 
        that fiscal year are adequate to enable the Center to comply 
        with its statutory and regulatory duties; and
            ``(3) a report on the activities and significant 
        accomplishments of the Center during the preceding fiscal year.
``Sec. 318. Center for Women Veterans
    ``(a) There is in the Department a Center for Women Veterans. There 
is at the head of the Center a Director.
    ``(b) The Director shall be a noncareer appointee in the Senior 
Executive Service. The Director shall be appointed for a term of six 
years.
    ``(c) The Director reports directly to the Secretary or the Deputy 
Secretary concerning the activities of the Center.
    ``(d) The Director shall perform the following functions with 
respect to veterans who are women:
            ``(1) Serve as principal adviser to the Secretary on the 
        adoption and implementation of policies and programs affecting 
        veterans who are women.
            ``(2) Make recommendations to the Secretary, the Under 
        Secretary for Health, the Under Secretary for Benefits, and 
        other Department officials for the establishment or improvement 
        of programs in the Department for which veterans who are women 
        are eligible.
            ``(3) Promote the use of benefits authorized by this title 
        by veterans who are women and the conduct of outreach 
        activities to veterans who are women, in conjunction with 
        outreach activities carried out under chapter 77 of this title.
            ``(4) Disseminate information and serve as a resource 
        center for the exchange of information regarding innovative and 
        successful programs which improve the services available to 
        veterans who are women.
            ``(5) Conduct and sponsor appropriate social and 
        demographic research on the needs of veterans who are women and 
        the extent to which programs authorized under this title meet 
        the needs of those veterans, without regard to any law 
        concerning the collection of information from the public.
            ``(6) Analyze and evaluate complaints made by or on behalf 
        of veterans who are women about the adequacy and timeliness of 
        services provided by the Department and advise the appropriate 
        official of the Department of the results of such analysis or 
        evaluation.
            ``(7) Consult with, and provide assistance and information 
        to, officials responsible for administering Federal, State, 
        local, and private programs that assist veterans, to encourage 
        those officials to adopt policies which promote the use of 
        those programs by veterans who are women.
            ``(8) Advise the Secretary when laws or policies have the 
        effect of discouraging the use of benefits by veterans who are 
        women.
            ``(9) Publicize the results of medical research which are 
        of particular significance to veterans who are women.
            ``(10) Advise the Secretary and other appropriate officials 
        on the effectiveness of the Department's efforts to accomplish 
        the goals of section 492B of the Public Health Service Act 
        (relating to the inclusion of women and minorities in clinical 
        research) and of particular health conditions affecting womens' 
        health which should be studied as part of the Department's 
        medical research program and promote cooperation between the 
        Department and other sponsors of medical research of potential 
        benefit to veterans who are women.
            ``(11) Provide support and administrative services to the 
        Advisory Committee on Women Veterans established under section 
        542 of this title.
            ``(12) Perform such other duties consistent with this 
        section as the Secretary shall prescribe.
    ``(e) The Secretary shall ensure that the Director is furnished 
sufficient resources to enable the Director to carry out the functions 
of the Center in a timely manner.
    ``(f) The Secretary shall include in documents submitted to 
Congress by the Secretary in support of the President's budget for each 
fiscal year--
            ``(1) detailed information on the budget for the Center;
            ``(2) the Secretary's opinion as to whether the resources 
        (including the number of employees) proposed in the budget for 
        that fiscal year are adequate to enable the Center to comply 
        with its statutory and regulatory duties; and
            ``(3) a report on the activities and significant 
        accomplishments of the Center during the preceding fiscal 
        year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking out the item relating to section 
317 and inserting in lieu thereof the following new items:

``317. Center for Minority Veterans.
``318. Center for Women Veterans.''.

SEC. 510. ADVISORY COMMITTEE ON MINORITY VETERANS.

    (a) Establishment.--Subchapter III of chapter 5 is amended by 
adding at the end the following new section:
``Sec. 544. Advisory Committee on Minority Veterans
    ``(a)(1) The Secretary shall establish an advisory committee to be 
known as the Advisory Committee on Minority Veterans (hereinafter in 
this section referred to as `the Committee').
    ``(2)(A) The Committee shall consist of members appointed by the 
Secretary from the general public, including--
            ``(i) representatives of veterans who are minority group 
        members;
            ``(ii) individuals who are recognized authorities in fields 
        pertinent to the needs of veterans who are minority group 
        members;
            ``(iii) veterans who are minority group members and who 
        have experience in a military theater of operations; and
            ``(iv) veterans who are minority group members and who do 
        not have such experience.
    ``(B) The Committee shall include, as ex officio members, the 
following:
            ``(i) The Secretary of Labor (or a representative of the 
        Secretary of Labor designated by the Secretary after 
        consultation with the Assistant Secretary of Labor for 
        Veterans' Employment).
            ``(ii) The Secretary of Defense (or a representative of the 
        Secretary of Defense designated by the Secretary of Defense).
            ``(iii) The Secretary of the Interior (or a representative 
        of the Secretary of the Interior designated by the Secretary of 
        the Interior).
            ``(iv) The Secretary of Commerce (or a representative of 
        the Secretary of Commerce designated by the Secretary of 
        Commerce).
            ``(v) The Secretary of Health and Human Services (or a 
        representative of the Secretary of Health and Human Services 
        designated by the Secretary of Health and Human Services).
            ``(vi) The Under Secretary for Health and the Under 
        Secretary for Benefits, or their designees.
    ``(C) The Secretary may invite representatives of other departments 
and agencies of the United States to participate in the meetings and 
other activities of the Committee.
    ``(3) The Secretary shall determine the number, terms of service, 
and pay and allowances of members of the Committee appointed by the 
Secretary, except that a term of service of any such member may not 
exceed three years. The Secretary may reappoint any such member for 
additional terms of service.
    ``(4) The Committee shall meet as often as the Secretary considers 
necessary or appropriate, but not less often than twice each fiscal 
year.
    ``(b) The Secretary shall, on a regular basis, consult with and 
seek the advice of the Committee with respect to the administration of 
benefits by the Department for veterans who are minority group members, 
reports and studies pertaining to such veterans and the needs of such 
veterans with respect to compensation, health care, rehabilitation, 
outreach, and other benefits and programs administered by the 
Department.
    ``(c)(1) Not later than July 1 of each year, the Committee shall 
submit to the Secretary a report on the programs and activities of the 
Department that pertain to veterans who are minority group members. 
Each such report shall include--
            ``(A) an assessment of the needs of veterans who are 
        minority group members with respect to compensation, health 
        care, rehabilitation, outreach, and other benefits and programs 
        administered by the Department;
            ``(B) a review of the programs and activities of the 
        Department designed to meet such needs; and
            ``(C) such recommendations (including recommendations for 
        administrative and legislative action) as the Committee 
        considers appropriate.
    ``(2) The Secretary shall, within 60 days after receiving each 
report under paragraph (1), submit to Congress a copy of the report, 
together with any comments concerning the report that the Secretary 
considers appropriate.
    ``(3) The Committee may also submit to the Secretary such other 
reports and recommendations as the Committee considers appropriate.
    ``(4) The Secretary shall submit with each annual report submitted 
to the Congress pursuant to section 529 of this title a summary of all 
reports and recommendations of the Committee submitted to the Secretary 
since the previous annual report of the Secretary submitted pursuant to 
such section.
    ``(d) In this section, the term `minority group member' means an 
individual who is--
            ``(1) Asian American;
            ``(2) Black;
            ``(3) Hispanic;
            ``(4) Native American (including American Indian, Alaskan 
        Native, and Native Hawaiian); or
            ``(5) Pacific-Islander American.
    ``(e) The Committee shall cease to exist December 31, 1997.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
543 the following new item:

``544. Advisory Committee on Minority Veterans.''.

SEC. 511. MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS 
              APPEALS.

    (a) In General.--Section 7266(a) is amended to read as follows:
    ``(a)(1) In order to obtain review by the Court of Veterans Appeals 
of a final decision of the Board of Veterans' Appeals, a person 
adversely affected by such decision shall file a notice of appeal with 
the Court within 120 days after the date on which notice of the 
decision is mailed pursuant to section 7104(e) of this title.
    ``(2) An appellant shall file a notice of appeal under this section 
by delivering or mailing the notice to the Court.
    ``(3) A notice of appeal shall be deemed to be received by the 
Court as follows:
            ``(A) On the date of receipt by the Court, if the notice is 
        delivered.
            ``(B) On the date of the United States Post Service 
        postmark stamped on the cover in which the notice is posted, if 
        the notice is properly addressed to the Court and is mailed.
    ``(4) For a notice of appeal mailed to the Court to be deemed to be 
received under paragraph (3)(B) on a particular date, the United States 
Postal Service postmark on the cover in which the notice is posted must 
be legible. The Court shall determine the legibility of any such 
postmark and the Court's determination as to legibility shall be final 
and not subject to review by any other Court.''.
    (b) Application.--The amendment made by subsection (a) shall take 
effect on the date of the enactment of this Act and shall apply to 
notices of appeal that are delivered or mailed to the United States 
Court of Veterans Appeals on or after that date.

               TITLE VI--EDUCATION AND TRAINING PROGRAMS

SEC. 601. FLIGHT TRAINING.

    (a) Active Duty Program.--Section 3034(d) is amended--
            (1) by striking out paragraph (2);
            (2) by striking out ``(1)'' after ``(d)''; and
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively.
    (b) Post-Vietnam Era.--Section 3241(b) is amended--
            (1) by striking out paragraph (2);
            (2) by striking out ``(1)'' after ``(b)''; and
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively.
    (c) Reserve Program.--Section 2136(c) of title 10, United States 
Code, is amended--
            (1) by striking out paragraph (2);
            (2) by striking out ``(1)'' after ``(c)''; and
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively.
    (d) Effective Date.--The amendments made by this section shall take 
effect as of October 1, 1994.

SEC. 602. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
              CONNECTED DISABILITIES.

    (a) Rehabilitation Resources.--Section 3115 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking out ``or'' after 
                        ``(including the Department of Veterans 
                        Affairs),''; and
                            (ii) by inserting ``or of any federally 
                        recognized Indian tribe,'' after ``financial 
                        assistance,''; and
                    (B) in paragraph (4), by inserting ``any federally 
                recognized Indian tribe,'' after ``contributions,''; 
                and
            (2) by adding at the end the following:
    ``(c) For purposes of this section, the term `federally recognized 
Indian tribe' means any Indian tribe, band, nation, pueblo, or other 
organized group or community, including any Alaska Native village or 
regional corporation as defined in or established pursuant to the 
Alaska Native Claims Settlement Act, which is recognized as eligible 
for the special programs and services provided by the United States to 
Indians because of their status as Indians.''.
    (b) Allowances.--Section 3108(c)(2) is amended by inserting ``or 
federally recognized Indian tribe'' after ``local government agency''.
    (c) Technical Correction.--(1) Section 404(b) of the Veterans' 
Benefits Act of 1992 (106 Stat. 4338) is amended by striking out the 
period at the end and inserting in lieu thereof ``, but shall not apply 
to veterans and other persons who originally applied for assistance 
under chapter 31 of title 38, United States Code, before November 1, 
1990.''.
    (2) The amendment made by paragraph (1) shall take effect as of 
October 29, 1992.

SEC. 603. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.

    (a) In General.--Section 3452(c) is amended by adding at the end 
the following: ``For the period ending on September 30, 1996, such term 
includes any entity that provides training required for completion of 
any State-approved alternative teacher certification program (as 
determined by the Secretary).''.
    (b) Clarifying Amendment.--Section 3002 is amended by adding at the 
end the following new paragraph:
    ``(8) The term `educational institution' has the meaning given such 
term in section 3452(c) of this title.''.

SEC. 604. EDUCATION OUTSIDE THE UNITED STATES.

    (a) In General.--The first sentence of section 3476 is amended to 
read as follows: ``An eligible veteran may not enroll in any course 
offered by an educational institution not located in a State unless 
that educational institution is an approved institution of higher 
learning and the course is approved by the Secretary.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to courses approved on or after the date of the 
enactment of this Act.

SEC. 605. CORRESPONDENCE COURSES.

    (a) Approval of Programs of Education.--(1) Section 3672 is amended 
by adding at the end the following new subsection:
    ``(e) A program of education exclusively by correspondence, and the 
correspondence portion of a combination correspondence-residence course 
leading to a vocational objective, that is offered by an educational 
institution (as defined in section 3452(c) of this title) may be 
approved only if (1) the educational institution is accredited by an 
entity recognized by the Secretary of Education, and (2) at least 50 
percent of those pursuing such a program or course require six months 
or more to complete the program or course.''.
    (2)(A) Section 3675(a)(2)(B) is amended by striking out ``A State'' 
and inserting in lieu thereof ``Except as provided in section 3672(e) 
of this title, a State''.
    (B) Section 3680(a) is amended--
            (i) by inserting ``or'' at the end of paragraph (2);
            (ii) by striking out ``; or'' at the end of paragraph (3) 
        and inserting in lieu thereof a period; and
            (iii) by striking out paragraph (4).
    (C) Section 3686(c) is amended by striking out ``(other than one 
subject to the provisions of section 3676 of this title)''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to programs of education exclusively by 
correspondence and to correspondence-residence courses commencing more 
than 90 days after the date of the enactment of this Act.

SEC. 606. STATE APPROVING AGENCIES.

    (a) Reimbursement.--(1) Section 3674(a)(4) is amended by striking 
out ``$12,000,000'' each place it appears and inserting in lieu thereof 
``$13,000,000''.
    (2) The amendments made by subsection (a) shall apply with respect 
to services provided under such section after September 30, 1994.
    (b) Elimination of Requirement for Quarterly Report to Congress.--
Section 3674(a)(3) is amended--
            (1) by striking out subparagraph (B); and
            (2) by striking out ``(A)'' after ``(3)''.
    (c) Evaluation of Agency Performance.--Section 3674A is amended--
            (1) in subsection (a)--
                    (A) by striking out paragraph (3); and
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively; and
            (2) in subsection (b)--
                    (A) by striking out ``subsection (a)(5) of this 
                section'' both places it appears and inserting in lieu 
                thereof ``subsection (a)(4)''; and
                    (B) by inserting ``of this title'' after ``section 
                3674(a)'' both places it appears.

SEC. 607. MEASUREMENT OF COURSES.

    Section 3688(b) is amended--
            (1) by striking out ``this chapter or'' and inserting in 
        lieu thereof ``this chapter,''; and
            (2) by inserting before the period at the end thereof the 
        following: ``, or chapter 106 of title 10''.

SEC. 608. VETERANS' ADVISORY COMMITTEE ON EDUCATION.

    Section 3692 is amended--
            (1) in the first sentence of subsection (a)--
                    (A) by striking out ``34,''; and
                    (B) by inserting ``and chapter 106 of title 10'' 
                before the period at the end;
            (2) in the first sentence of subsection (b), by striking 
        out ``this chapter'' and all that follows through ``of this 
        title'' and inserting in lieu thereof ``this chapter, chapter 
        30, 32, and 35 of this title, and chapter 106 of title 10''; 
        and
            (3) in subsection (c), by striking out ``December 31, 
        1994'' and inserting in lieu thereof ``December 31, 2003''.

SEC. 609. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.

    (a) Payment Limitation.--Section 3697(b) is amended by striking out 
``$5,000,000'' and inserting in lieu thereof ``$6,000,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1994.

SEC. 610. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF 
              1992.

    (a) Period of Training.--(1) Section 4485(d) of the Service Members 
Occupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 
U.S.C. 1143 note) is amended by striking out ``or more than 18 
months''.
    (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. 
1143 note) is amended by striking out the period at the end thereof and 
inserting in lieu thereof the following: ``in the community for the 
entire period of training of the eligible person.''.
    (B) The amendment made by subparagraph (A) shall apply with respect 
to programs of training under the Service Members Occupational 
Conversion and Training Act of 1992 beginning after the date of the 
enactment of this Act.
    (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. 
1143 note) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking out ``subparagraph (B)'' in 
                subparagraph (A) and inserting in lieu thereof 
                ``subparagraphs (B) and (C)'';
                    (B) by inserting before the period at the end of 
                subparagraph (A) the following: ``but in no event to 
                exceed hours equivalent to 18 months of training''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(C) Assistance may be paid under this subtitle on behalf of an 
eligible person to that person's employer for training under two or 
more programs of job training under this subtitle if such employer has 
not received (or is not due) on that person's behalf assistance in an 
amount aggregating the applicable amount set forth in subparagraph 
(B).''; and
            (2) in subsection (b)(3), by inserting before the period at 
        the end thereof ``, or upon the completion of the 18th month of 
        training under the last training program approved for the 
        person's pursuit with that employer under this subtitle, 
        whichever is earlier''.
    (c) Entry Into Program of Job Training.--Section 4488(a) of such 
Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out 
the third sentence thereof and inserting in lieu thereof ``The eligible 
person may begin such program of job training with the employer on the 
day that notice is transmitted to such official by means prescribed by 
such official. However, assistance under this subtitle may not be 
provided to the employer if such official, within two weeks after the 
date on which such notice is transmitted, disapproves the eligible 
person's entry into that program of job training in accordance with 
this section.''.

                     TITLE VII--EMPLOYMENT PROGRAMS

SEC. 701. JOB COUNSELING, TRAINING, AND PLACEMENT.

    (a) Deputy Assistant Secretary of Labor for Veterans' Employment 
and Training.--Section 4102A(a) is amended--
            (1) by striking out ``(1)'' and ``(2)'' and inserting in 
        lieu thereof ``(A)'' and ``(B)'', respectively;
            (2) by inserting ``(1)'' after ``(a)''; and
            (3) by adding at the end the following:
    ``(2) There shall be within the Department of Labor a Deputy 
Assistant Secretary of Labor for Veterans' Employment and Training. The 
Deputy Assistant Secretary shall perform such functions as the 
Assistant Secretary of Labor for Veterans' Employment and Training 
prescribes. The Deputy Assistant Secretary shall be a veteran.''.
    (b) DVOP Specialists Compensation Rates.--Section 4103A(a)(1) is 
amended by striking out ``a rate not less than the rate prescribed for 
an entry level professional'' and inserting in lieu thereof ``rates 
comparable to those paid other professionals performing essentially 
similar duties''.
    (c) Special Unemployment Study.--Subsection (a) of section 4110A is 
amended to read as follows:
    ``(a)(1) The Secretary, through the Bureau of Labor Statistics, 
shall conduct a study every two years of unemployment among each of the 
following categories of veterans:
            ``(A) Special disabled veterans.
            ``(B) Veterans of the Vietnam era who served in the Vietnam 
        theater of operations during the Vietnam era.
            ``(C) Veterans who served on active duty during the Vietnam 
        era who did not serve in the Vietnam theater of operations.
            ``(D) Veterans who served on active duty after the Vietnam 
        era.
            ``(E) Veterans discharged or released from active duty 
        within four years of the applicable study.
    ``(2) Within each of the categories of veterans specified in 
paragraph (1), the Secretary shall include a separate category for 
women who are veterans.
    ``(3) The Secretary shall promptly submit to Congress a report on 
the results of each study under paragraph (1).''.

SEC. 702. EMPLOYMENT AND TRAINING OF VETERANS.

    (a) Federal Contracts.--Section 4212(a) is amended by striking out 
``all of its suitable employment openings,'' in clause (1) of the third 
sentence and inserting in lieu thereof ``all of its employment openings 
except that the contractor may exclude openings for executive and top 
management positions, positions which are to be filled from within the 
contractor's organization, and positions lasting three days or less,''.
    (b) Eligibility Requirements for Veterans Under Federal Employment 
and Training Programs.--Section 4213 is amended--
            (1) by striking out ``chapters 11, 13, 31, 34, 35, and 36 
        of this title by an eligible veteran and'' and inserting in 
        lieu thereof ``chapters 11, 13, 30, 31, 35, and 36 of this 
        title by an eligible veteran,'';
            (2) by inserting ``and any amounts received by an eligible 
        person under chapter 106 of title 10,'' after ``chapters 13 and 
        35 of such title, and''; and
            (3) by striking out ``the needs or qualifications of 
        participants in'' and inserting in lieu thereof ``eligibility 
        under''.

              TITLE VIII--CEMETERIES AND MEMORIAL AFFAIRS

SEC. 801. ELIGIBILITY FOR BURIAL IN NATIONAL CEMETERIES OF SPOUSES WHO 
              PREDECEASE VETERANS.

    Section 2402(5) is amended by inserting ``spouse,'' after ``The''.

SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR UNREMARRIED SPOUSES.

    Section 2402(5), as amended by section 801, is further amended by 
inserting after ``surviving spouse'' the following: ``(which for 
purposes of this chapter includes an unremarried surviving spouse who 
had a subsequent remarriage which was terminated by death or 
divorce)''.

SEC. 803. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR STATE 
              CEMETERY GRANT PROGRAM.

    Paragraph (2) of section 2408(a) is amended by striking out 
``nine'' and inserting in lieu thereof ``fourteen''.

SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT THE WILLAMETTE 
              NATIONAL CEMETERY, OREGON.

    Notwithstanding section 2404(c)(2) of title 38, United States Code, 
the Secretary of Veterans Affairs may provide for flat grave markers at 
the Willamette National Cemetery, Oregon.

                       TITLE IX--HOUSING PROGRAMS

SEC. 901. ELIGIBILITY.

    (a) Reservists Discharged Because of a Service-Connected 
Disability.--Section 3701(b)(5)(A) is amended--
            (1) by inserting ``(i)'' before ``who has''; and
            (2) by striking out the period at the end and inserting in 
        lieu thereof ``, or (ii) who was discharged or released from 
        the Selected Reserve before completing 6 years of service 
        because of a service-connected disability.''.
    (b) Surviving Spouses of Reservists Who Died While in Active 
Military, Naval, or Air Service.--The second sentence of section 
3701(b)(2) is amended--
            (1) by inserting ``or service in the Selected Reserve'' 
        after ``duty'' each place it appears; and
            (2) by striking out ``spouse shall'' and inserting in lieu 
        thereof ``deceased spouse shall''.

SEC. 902. REVISION IN COMPUTATION OF AGGREGATE GUARANTY.

    Section 3702(b) is amended--
            (1) in the matter preceding paragraph (1), by striking out 
        ``loan, if--'' and inserting in lieu thereof ``loan under the 
        following circumstances:'';
            (2) in paragraph (1)--
                    (A) by striking out ``the property'' at the 
                beginning of subparagraph (A) and inserting in lieu 
                thereof ``The property'';
                    (B) by striking out the semicolon at the end and 
                inserting in lieu thereof a period;
            (3) in paragraph (2)--
                    (A) by striking out ``a veteran-transferee'' at the 
                beginning and inserting in lieu thereof ``A veteran-
                transferee'';
                    (B) by striking out ``; or'' at the end and 
                inserting in lieu thereof a period;
            (4) in paragraph (3), by striking out ``the loan'' at the 
        beginning of subparagraph (A) and inserting in lieu thereof 
        ``The loan'';
            (5) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) In a case not covered by paragraph (1) or (2)--
                    ``(A) the loan has been repaid in full and, if the 
                Secretary has suffered a loss on the loan, the loss has 
                been paid in full; or
                    ``(B) the Secretary has been released from 
                liability as to the loan and, if the Secretary has 
                suffered a loss on the loan, the loss has been paid in 
                full.'';
            (6) in the last sentence, by striking out ``clause (1) of 
        the preceding sentence'' and inserting in lieu thereof 
        ``paragraph (1)''; and
            (7) by adding at the end the following new sentence: ``The 
        authority of the Secretary under this subsection to exclude an 
        amount of guaranty or insurance housing loan entitlement 
        previously used by a veteran may be exercised only once for 
        that veteran under the authority of paragraph (4).''.

SEC. 903. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS.

    Section 3704 is amended--
            (1) by striking out subsection (e); and
            (2) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.

SEC. 904. AUTHORITY TO GUARANTEE HOME REFINANCE LOANS FOR ENERGY 
              EFFICIENCY IMPROVEMENTS.

    (a) Loans.--Section 3710(a) is amended by inserting after paragraph 
(10) the following new paragraph:
            ``(11) To refinance in accordance with subsection (e) an 
        existing loan guaranteed, insured, or made under this chapter, 
        and to improve the dwelling securing such loan through energy 
        efficiency improvements, as provided in subsection (d).''.
    (b) Amount of Guaranty.--Section 3710(e)(1) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``or for the purpose specified in subsection (a)(11)'' after 
        ``subsection (a)(8)''; and
            (2) in subparagraph (C), by striking out ``may not exceed'' 
        and all that follows in such subparagraph and inserting in lieu 
        thereof ``may not exceed--
                    ``(i) an amount equal to the sum of the balance of 
                the loan being refinanced and such closing costs 
                (including any discount permitted pursuant to section 
                3703(c)(3)(A) of this title) as may be authorized by 
                the Secretary (under regulations which the Secretary 
                shall prescribe) to be included in the loan; or
                    ``(ii) in the case of a loan for the purpose 
                specified in subsection (a)(11), an amount equal to the 
                sum of the amount referred to with respect to the loan 
                under clause (i) and the amount specified under 
                subsection (d)(2);''.
    (c) Fee.--Section 3729(a)(2)(E) is amended by inserting 
``3710(a)(11),'' after ``3710(a)(9)(B)(i),''.

SEC. 905. AUTHORITY TO GUARANTEE LOANS TO REFINANCE ADJUSTABLE RATE 
              MORTGAGES TO FIXED RATE MORTGAGES.

    Section 3710(e)(1)(A) is amended by inserting before the semicolon 
at the end the following: ``or, in a case in which the loan is a fixed 
rate loan and the loan being refinanced is an adjustable rate loan, the 
loan bears interest at a rate that is agreed upon by the veteran and 
the mortgagee''.

SEC. 906. MANUFACTURED HOME LOAN INSPECTIONS.

    (a) Certification of Conformity With Standards.--Paragraph (2) of 
subsection (h) of section 3712 is amended to read as follows:
    ``(2) Any manufactured housing unit properly displaying a 
certification of conformity to all applicable Federal manufactured home 
construction and safety standards pursuant to section 616 of the 
National Manufactured Housing Construction and Safety Standards Act of 
1974 (42 U.S.C. 5415) shall be deemed to meet the standards required by 
paragraph (1).''.
    (b) Repeal of Inspection Requirements.--Subsection (j) of such 
section is amended by striking out ``in the case of'' the first place 
it appears and all that follows and inserting in lieu thereof ``in the 
case of--
            ``(1) manufactured homes constructed by a manufacturer who 
        fails or is unable to discharge the manufacturer's obligations 
        under the warranty;
            ``(2) manufactured homes which are determined by the 
        Secretary not to conform to the standards provided for in 
        subsection (h); or
            ``(3) a manufacturer of manufactured homes who has engaged 
        in procedures or practices determined by the Secretary to be 
        unfair or prejudicial to veterans or the Government.''.
    (c) Elimination of Reporting Requirement.--Subsection (l) of such 
section is amended--
            (1) by striking out ``the results of inspections required 
        by subsection (h) of this section,''; and
            (2) by striking out ``of this section,''.

SEC. 907. PROCEDURES ON DEFAULT.

    (a) In General.--Paragraph (7) of section 3732(c) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        out ``that was the minimum amount for which, under applicable 
        State law, the property was permitted to be sold at the 
        liquidation sale'';
            (2) in subparagraph (A)--
                    (A) by striking out ``the Secretary may accept 
                conveyance of the property to the United States for a 
                price not exceeding'' and inserting in lieu thereof 
                ``(i) the amount was the minimum amount for which, 
                under applicable State law, the property was permitted 
                to be sold at the liquidation sale, the holder shall 
                have the option to convey the property to the United 
                States in return for payment by the Secretary of an 
                amount equal to''; and
                    (B) by striking out ``and'' after ``loan;'' and 
                inserting in lieu thereof ``or'';
                    (C) by adding at the end the following:
            ``(ii) there was no minimum amount for which the property 
        had to be sold at the liquidation sale under applicable State 
        law, the holder shall have the option to convey the property to 
        the United States in return for payment by the Secretary of an 
        amount equal to the lesser of such net value or total 
        indebtedness; and''; and
            (3) in subparagraph (B), by striking out ``paragraph 
        (6)(B)'' and inserting in lieu thereof ``paragraph (6)''.
    (b) Conforming Amendment.--Paragraph (6) of such section is 
amended--
            (1) by striking out ``either'';
            (2) by striking out ``sale or acquires'' and all that 
        follows through ``(B) the'' and inserting in lieu thereof 
        ``sale, the''; and
            (3) by redesignating clauses (i) and (ii) as clauses (A) 
        and (B), respectively.

SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.

    Subparagraph (F) of section 5303A(b)(3) is amended by inserting 
``or chapter 37'' after ``chapter 30'' in the matter preceding clause 
(i).

                  TITLE X--HOMELESS VETERANS PROGRAMS

SEC. 1001. REPORTS ON ACTIVITIES OF THE DEPARTMENT OF VETERANS AFFAIRS 
              TO ASSIST HOMELESS VETERANS.

    (a) Annual Report.--(1) Not later than April 15 of each year, the 
Secretary of Veterans Affairs shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
on the activities of the Department of Veterans Affairs during the year 
preceding the report under programs of the Department for the provision 
of assistance to homeless veterans.
    (2) The report shall--
            (A) set forth the number of homeless veterans provided 
        assistance under those programs;
            (B) describe the cost to the Department of providing such 
        assistance under those programs; and
            (C) provide any other information on those programs and on 
        the provision of such assistance that the Secretary considers 
        appropriate.
    (b) Bi-Annual Requirement.--The Secretary shall include in the 
report submitted under subsection (a)(1) in 1995, and every two years 
thereafter, an evaluation of the effectiveness of the programs of the 
Department in providing assistance to homeless veterans.
    (c) Conforming Repeal.--Section 10 of Public Law 102-590 (106 Stat. 
5141; 37 U.S.C. 7721 note) is repealed.

SEC. 1002. REPORT ON ASSESSMENT AND PLANS FOR RESPONSE TO NEEDS OF 
              HOMELESS VETERANS.

    (a) Update of Assessment.--Subsection (b) of section 107 of the 
Veterans' Medical Programs Amendments of 1992 (Public Law 102-405; 106 
Stat. 1977; 38 U.S.C. 527 note) is amended by adding at the end the 
following new paragraph:
    ``(6) The Secretary shall require that the directors referred to in 
paragraph (1) update the assessment required under that paragraph 
during each of 1995, 1996, and 1997.''.
    (b) Reports on Assessments and Plan.--Subsection (i) of such 
section (106 Stat. 1978) is amended--
            (1) by striking out ``Report.--'' and inserting in lieu 
        thereof ``Reports.--(1)''; and
            (2) by adding at the end the following:
    ``(2) Not later than December 31, 1994, the Secretary shall submit 
to such committees a report that--
            ``(A) describes the results of the assessment carried out 
        under subsection (b);
            ``(B) sets forth the lists developed under paragraph (1) of 
        subsection (c); and
            ``(C) describes the progress, if any, made by the directors 
        of the medical centers and the directors of the benefits 
        offices referred to in such subsection (c) in developing the 
        plan referred to in paragraph (2) of such subsection (c).
    ``(3) Not later than December 31 of each of 1995, 1996, and 1997, 
the Secretary shall submit to such committees a report that describes 
the update to the assessment that is carried out under subsection 
(b)(6) in the year preceding the report.''.

SEC. 1003. INCREASE IN NUMBER OF DEMONSTRATION PROGRAMS UNDER HOMELESS 
              VETERANS COMPREHENSIVE SERVICE PROGRAMS ACT OF 1992.

    Section 2(b) of the Homeless Veterans Comprehensive Service 
Programs Act of 1992 (38 U.S.C. 7721 note) is amended in the first 
sentence by striking out ``four'' and inserting in lieu thereof 
``eight''.

SEC. 1004. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS VETERANS 
              COMPREHENSIVE SERVICE PROGRAMS ACT OF 1992.

    Section 12 of the Homeless Veterans Comprehensive Service Programs 
Act of 1992 (38 U.S.C. 7721 note) is amended by striking out the second 
sentence.

SEC. 1005. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) of the funds appropriated for any fiscal year to 
        support Federal programs which are designed to assist homeless 
        individuals, a share more closely approximating the proportion 
        of the population of homeless individuals who are veterans 
        should be appropriated to the Secretary of Veterans Affairs for 
        programs to assist homeless veterans that are administered by 
        that Secretary;
            (2) of the Federal grants made available to assist 
        community organizations that assist homeless individuals, a 
        share of such grants more closely approximating the proportion 
        of the population of homeless individuals who are veterans 
        should be provided to community organizations that provide 
        assistance primarily to homeless veterans; and
            (3) the Secretary of Veterans Affairs should take such 
        actions as are necessary to ensure that Federal agencies that 
        provide assistance, either directly or indirectly, to homeless 
        individuals, including homeless veterans, are aware of and 
        encouraged to make appropriate referrals to facilities of the 
        Department of Veterans Affairs for benefits and services, such 
        as health care, substance abuse treatment, counseling, and 
        income assistance.

    TITLE XI--REDUCTIONS IN DEPARTMENT OF VETERANS AFFAIRS PERSONNEL

SEC. 1101. FINDINGS.

    Congress makes the following findings:
            (1) Under proposals for national health care reform, the 
        Department of Veterans Affairs will be required to provide 
        health care services to veterans on a competitive basis with 
        other health care providers.
            (2) The elimination of positions from the Department that 
        the Office of Management and Budget has scheduled to occur in 
        fiscal years 1995 through 1999 would prevent the Department 
        from meeting the responsibilities of the Department to provide 
        health care to veterans under law and from maintaining the 
        quality of health care that is currently provided to veterans.

SEC. 1102. REQUIREMENT FOR MINIMUM NUMBER OF FULL-TIME EQUIVALENT 
              POSITIONS.

    (a) In General.--Chapter 7 is amended by adding at the end the 
following new section:
``Sec. 712. Full-time equivalent positions: limitation on reduction
    ``(a) Notwithstanding any other provision of law, the number of 
full-time equivalent positions in the Department of Veterans Affairs 
during the period beginning on the date of the enactment of this 
section and ending on September 30, 1999, may not (except as provided 
in subsection (c)) be less than 224,377.
    ``(b) In determining the number of full-time equivalent positions 
in the Department of Veterans Affairs during a fiscal year for purposes 
of ensuring under section 5(b) of the Federal Workforce Restructuring 
Act of 1994 (Public Law 103-226; 108 Stat. 115; 5 U.S.C. 3101 note) 
that the total number of full-time equivalent positions in all agencies 
of the Federal Government during a fiscal year covered by that section 
does not exceed the limit prescribed for that fiscal year under that 
section, the total number of full-time equivalent positions in the 
Department of Veterans Affairs during that fiscal year shall be the 
number equal to--
            ``(1) the number of such positions in the Department during 
        that fiscal year, reduced by
            ``(2) the sum of--
                    ``(A) the number of such positions in the 
                Department during that fiscal year that are filled by 
                employees whose salaries and benefits are paid 
                primarily from funds other than appropriated funds; and
                    ``(B) the number of such positions held during that 
                fiscal year by persons involved in medical care cost 
                recovery activities under section 1729 of this title.
    ``(c) The Secretary shall not be required to make a reduction in 
the number of full-time equivalent positions in the Department unless 
such reduction--
            ``(1) is necessary due to a reduction in funds available to 
        the Department; or
            ``(2) is required under a law that is enacted after the 
        date of the enactment of this section and that refers 
        specifically to this section.
    ``(d) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives an annual report, 
through the year 2000, on the number and type of full-time equivalent 
positions in the Department that are reduced under this section. The 
report shall include a justification for the reductions and shall be 
submitted with the materials provided in support of the budget for the 
Department contained in the President's budget submitted to Congress 
for a fiscal year pursuant to section 1105 of title 31.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``712. Full-time equivalent positions: limitation on reduction.''.

SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NECESSARY SERVICES.

    Section 8110(c) is amended by striking out paragraph (7) and 
inserting in lieu thereof the following:
    ``(7) Paragraphs (1) through (6) shall not be in effect during 
fiscal years 1995 through 1999.
    ``(8) During the period covered by paragraph (7), whenever an 
activity at a Department health-care facility is converted from 
performance by Federal employees to performance by employees of a 
contractor of the Government, the Secretary shall--
            ``(A) require in the contract for the performance of such 
        activity that the contractor, in hiring employees for the 
        performance of the contract, give priority to former employees 
        of the Department who have been displaced by the award of the 
        contract; and
            ``(B) provide to such former employees of the Department 
        all possible assistance in obtaining other Federal employment 
        or entrance into job training and retraining programs.
    ``(9) The Secretary shall include in the Secretary's annual report 
to Congress under section 529 of this title, for each fiscal year 
covered by paragraph (7), a report on the use during the year covered 
by the report of contracting-out authority made available by reason of 
paragraph (7). The Secretary shall include in each such report a 
description of each use of such authority, together with the rationale 
for the use of such authority and the effect of the use of such 
authority on patient care and on employees of the Department.''.

SEC. 1104. STUDY.

    (a) Requirement.--The Secretary of Veterans Affairs shall enter 
into an agreement with an appropriate non-Federal entity under which 
the entity shall carry out a study of the feasibility and advisability 
of alternative organizational structures, such as the establishment of 
a wholly-owned Government corporation or a Government-sponsored 
enterprise, for the effective provision of health care services to 
veterans.
    (b) Submission of Report.--The Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the study required under subsection (a). 
The report shall be submitted not later than one year after the date of 
the enactment of this Act.
    (c) Authorization of Funds.--There is hereby authorized to be 
appropriated for the Department of Veterans Affairs the sum of 
$1,000,000 for the purposes of carrying out the study required under 
subsection (a).

              TITLE XII--TECHNICAL AND CLERICAL AMENDMENTS

SEC. 1201. AMENDMENTS TO TITLE 38, UNITED STATES CODE.

    (a) References to ``Secretary'' and ``Department''.--Title 38, 
United States Code, is amended as follows:
            (1) Paragraph (1) of section 101 is amended to read as 
        follows:
    ``(1) The terms `Secretary' and `Department' mean the Secretary of 
Veterans Affairs and the Department of Veterans Affairs, 
respectively.''.
            (2) Section 1532(c) is amended by striking out 
        ``Secretary'' and inserting in lieu thereof ``Veterans' 
        Administration''.
            (3) Section 3745(a) is amended by striking out 
        ``Secretary'' after ``consult with the'' and inserting in lieu 
        thereof ``Administrator''.
            (4) Section 4102A(e) is amended by striking out ``Regional 
        Secretary'' both places it appears and inserting in lieu 
        thereof ``Regional Administrator''.
            (5) Section 4110(d)(9) is amended by striking out 
        ``Secretary of the Small Business Administration'' and 
        inserting in lieu thereof ``Administrator of the Small Business 
        Administration''.
    (b) References to Department of Medicine and Surgery.--
            (1) The following sections of title 38, United States Code, 
        are amended by striking out ``Department of Medicine and 
        Surgery'' each place it appears and inserting in lieu thereof 
        ``Veterans Health Administration'': sections 3120(a), 3120(f), 
        3121(a)(3), 7603(a), 7603(c)(1)(B), 7604(1)(B), 7604(2)(D), 
        7612(c)(1)(B), 7615, 7616(b)(2), 7616(c), 7622(b)(1), 
        7622(c)(2)(A), 7623(b), 7635(a)(1), 7635(a)(2), and 8110(a).
            (2) Section 7622(c)(2)(B) of such title is amended by 
        striking out ``such Department'' and inserting in lieu thereof 
        ``the Veterans Health Administration''.
    (c) Conforming Amendments Relating to Conversion of Positions of 
Chief Medical Director and Chief Benefits Director to Under Secretary 
Positions.--Title 38, United States Code, is amended as follows:
            (1) Section 305 is amended--
                    (A) in subsection (a)(1), by striking out ``a Under 
                Secretary'' and inserting in lieu thereof ``an Under 
                Secretary''; and
                    (B) in subsection (d)(2)(F), by striking out 
                ``Under Secretary'' the second place it appears and all 
                that follows through the closing parenthesis and 
                inserting in lieu thereof ``Chief Medical Director of 
                the Veterans' Administration)''.
            (2) Section 306 is amended--
                    (A) in subsection (a), by striking out ``a Under 
                Secretary'' and inserting in lieu thereof ``an Under 
                Secretary''; and
                    (B) in subsection (d)(2)(F), by striking out 
                ``Under Secretary'' the second place it appears and all 
                that follows through the closing parenthesis and 
                inserting in lieu thereof ``Chief Benefits Director of 
                the Veterans' Administration)''.
            (3) Section 7306 is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (3), by striking out 
                        ``Assistant Chief Medical Directors'' and 
                        inserting in lieu thereof ``Assistant Under 
                        Secretaries for Health'';
                            (ii) by redesignating the last three 
                        paragraphs as paragraphs (8), (7), and (9) 
                        respectively;
                            (iii) by reversing the order in which the 
                        penultimate and antepenultimate paragraphs 
                        appear; and
                            (iv) in paragraph (8), as so redesignated, 
                        by striking out ``Chief Medical Director'' and 
                        inserting in lieu thereof ``Under Secretary for 
                        Health'';
                    (B) in subsection (b), by striking out ``Assistant 
                Chief Medical Directors'' in the matter preceding 
                paragraph (1) and inserting in lieu thereof ``Assistant 
                Under Secretaries for Health''; and
                    (C) in subsection (c), by striking out ``and (7)'' 
                and inserting in lieu thereof ``and (8)''.
            (4) Section 7314(d) is amended--
                    (A) in paragraph (1)--
                            (i) by striking out ``the Chief Medical 
                        Director and the Secretary to carry out'' and 
                        inserting in lieu thereof ``the Secretary and 
                        the Under Secretary for Health in carrying 
                        out''; and
                            (ii) by striking out ``the Assistant Chief 
                        Medical Director described in section 
                        7306(b)(3)'' and inserting in lieu thereof 
                        ``the Assistant Under Secretary for Health 
                        described in section 7306(b)(3)''; and
                    (B) in paragraph (3), by striking out ``Assistant 
                Chief Medical Director'' both places it appears and 
                inserting in lieu thereof ``Assistant Under 
                Secretary''.
            (5) Section 7318 is amended by striking out ``Chief Medical 
        Director'' each place it appears and inserting in lieu thereof 
        ``Under Secretary for Health''.
            (6) Section 7440(1) is amended by striking out ``Chief 
        Medical Director's'' and inserting in lieu thereof ``Under 
        Secretary for Health's''.
            (7) Section 7451(g)(1) is amended by striking out ``Chief 
        Medical Director's'' and inserting in lieu thereof ``Under 
        Secretary for Health's''.
    (d) Cross Reference Amendments to Provisions of Title 38.--Title 
38, United States Code, is amended as follows:
            (1) Section 115 is amended by striking out ``sections 230'' 
        and inserting in lieu thereof ``sections 314, 315, 316,''.
            (2) Section 1710(f)(3)(E) is amended by striking out 
        ``section 1712(f)'' and ``section 1712(f)(4)'' inserting in 
        lieu thereof ``section 1712(a)'' and ``section 1712(f)'', 
        respectively.
            (3) Section 1712 is amended--
                    (A) in subsection (i)(5), by striking out ``section 
                1722(a)(1)(C)'' and inserting in lieu thereof ``section 
                1722(a)(3)''; and
                    (B) in subsection (j), by striking out ``Section 
                4116'' and inserting in lieu thereof ``Section 7316''.
            (4) Section 3018A(d)(3) is amended by striking out 
        ``section 3015(e)'' and inserting in lieu thereof ``section 
        3015(f)''.
            (5) Section 3018B(d)(3) is amended by striking out 
        ``section 3015(e)'' and inserting in lieu thereof ``section 
        3015(f)''.
            (6) Section 3032(f)(3) is amended by striking out ``(c), or 
        (d)(1)'' and inserting in lieu thereof ``(d), or (e)(1)''.
            (7) Section 3035(b) is amended--
                    (A) in paragraph (2), by striking out ``section 
                3015(c)'' and inserting in lieu thereof ``section 
                3015(d)''; and
                    (B) in paragraph (3)(C), by striking out ``section 
                3015(e)'' and inserting in lieu thereof ``section 
                3015(f)''.
            (8) Section 3103(b)(3) is amended by striking out ``section 
        3102(1)(A)'' and inserting in lieu thereof ``section 
        3102(1)(A)(i)''.
            (9) Section 3106(a) is amended by striking out ``section 
        3102(1)(A) or (B)'' and inserting in lieu thereof ``clause (i) 
        or (ii) of section 3102(1)(A)''.
            (10) Section 3113(a) is amended by striking out ``section 
        3102(1)(B) and (2)'' and inserting in lieu thereof 
        ``subparagraphs (A)(ii) and (B) of section 3102(1)''.
            (11) Section 3120(b) is amended by striking out ``section 
        3012(1)(A)'' and inserting in lieu thereof ``section 
        3102(1)(A)(i)''.
            (12) Section 3241(c) is amended by striking out ``1663,''.
            (13) Section 3735(a)(1)(A) is amended by striking out 
        ``section 3402'' and inserting in lieu thereof ``section 
        5902''.
            (14) Section 4103(c)(2) is amended by striking out 
        ``subchapter IV of chapter 3'' and inserting in lieu thereof 
        ``subchapter II of chapter 77''.
            (15) Section 5104(a) is amended by striking out ``section 
        211(a)'' and inserting in lieu thereof ``section 511''.
            (16) Section 8103(d)(6)(A) is amended by striking out 
        ``section 230(c)'' and inserting in lieu thereof ``section 
        316''.
            (17) Section 8110(c)(3)(B) is amended by striking out 
        ``section 213 or 4117'' and inserting in lieu thereof ``section 
        513 or 7409''.
            (18) Section 8135(a)(3) is amended by striking out 
        ``section 8134(2)'' and inserting in lieu thereof ``section 
        8134(a)(2)''.
            (19) Section 8155(a) is amended by striking out ``section 
        4112'' and inserting in lieu thereof ``section 7312''.
            (20) Section 8201(c) is amended by striking out ``section 
        4112(a)'' and inserting in lieu thereof ``section 7312(a)''.
    (e) Punctuation, Capitalization, Spelling, Etc.--Title 38, United 
States Code, is amended as follows:
            (1) Section 111(b)(3)(B) is amended by striking out ``the 
        Department facility'' and inserting in lieu thereof ``a 
        Department facility''.
            (2) Sections 305(d)(2)(F) and 306(d)(2)(F) are amended by 
        striking out ``Commission'' and inserting in lieu thereof 
        ``commission''.
            (3) Section 312(a) is amended by striking out ``(5 U.S.C. 
        App. 3)'' and inserting in lieu thereof ``(5 U.S.C. App.)''.
            (4) Section 317(b)(2) is amended by striking out 
        ``provided, by the'' and inserting in lieu thereof ``provided 
        by, the''.
            (5) Section 711(d) is amended by striking out 
        ``Committees'' and inserting in lieu thereof ``committees''.
            (6) Section 1116(a)(1)(B) is amended by striking out 
        ``(1)'' and ``(2)'' and inserting in lieu thereof ``(i)'' and 
        ``(ii)'', respectively.
            (7) Section 1722A(a)(1) is amended by striking out the 
        closing parenthesis after ``veteran'' in the first sentence.
            (8) Section 1969(e) is amended--
                    (A) by striking out ``sections 1971 (a) and (c)'' 
                and inserting in lieu thereof ``subsections (a) and (c) 
                of section 1971''; and
                    (B) by striking out ``sections 1971 (d) and (e)'' 
                and inserting in lieu thereof ``subsections (d) and (e) 
                of section 1971''.
            (9) Section 1977(f) is amended by striking out ``sections 
        1971 (d) and (e)'' and inserting in lieu thereof ``subsections 
        (d) and (e) of section 1971''.
            (10) Section 3011(f)(1) is amended by striking out ``whose 
        length'' and inserting in lieu thereof ``the length of which''.
            (11) Section 3018B(d) is amended--
                    (A) in paragraph (1), by striking out ``(a)(2)(D) 
                of this subsection'' and inserting in lieu thereof 
                ``(a)(2)(D) of this section''; and
                    (B) in paragraph (3)--
                            (i) by striking out ``such Account'' and 
                        inserting in lieu thereof ``such account''; and
                            (ii) by striking out ``this chapter'' and 
                        inserting in lieu thereof ``this title''.
            (12) Section 3688(a)(6) is amended by inserting a comma 
        after ``3241(a)(2)''.
            (13) Section 3706 is amended by striking out ``of this 
        chapter'' the second and third places it appears and inserting 
        in lieu thereof ``of this title''.
            (14) Section 3712 is amended--
                    (A) in subsection (c)(3)--
                            (i) by inserting ``of'' in subparagraph (D) 
                        after ``subparagraph (B)''; and
                            (ii) by striking out ``of this subsection'' 
                        in subparagraph (E) and inserting in lieu 
                        thereof ``of this paragraph''; and
                    (B) in subsection (m), by striking out ``section 
                3704(d) and section 3721 of this chapter'' and 
                inserting in lieu thereof ``sections 3704(d) and 3721 
                of this title''.
            (15) Section 3713(b) is amended in the last sentence by 
        striking out ``subsection 5302(b) of this title, if eligible 
        thereunder'' and inserting in lieu thereof ``section 5302(b) of 
        this title, if the veteran is eligible for relief under that 
        section''.
            (16) Section 5702 is amended--
                    (A) by inserting ``(a)'' before ``Any person 
                desiring'';
                    (B) by striking out ``custody of'' and all that 
                follows through ``stating'' and inserting in lieu 
                thereof ``custody of the Secretary that may be 
                disclosed under section 5701 of this title must submit 
                to the Secretary an application in writing for such 
                copy. The application shall state''; and
                    (C) in subsection (c), by striking out ``is 
                authorized to fix'' and inserting in lieu thereof ``may 
                establish''.
            (17) Section 6101(a) is amended by inserting a comma after 
        ``title 18''.
            (18) Section 6103(d)(1) is amended in the second sentence--
                    (A) by striking out ``(a)'' and ``(b)'' and 
                inserting in lieu thereof ``(A)'' and ``(B)'', 
                respectively; and
                    (B) by striking out ``prior to'' and inserting in 
                lieu thereof ``before''.
            (19) Section 6105(c) is amended--
                    (A) in the first sentence, by striking out 
                ``clauses (2), (3), or (4) of subsection (b) of this 
                section'' and inserting in lieu thereof ``paragraph 
                (2), (3), or (4) of subsection (b)'';
                    (B) in the second sentence, by striking out 
                ``clause (1) of that subsection'' and inserting in lieu 
                thereof ``paragraph (1) of subsection (b)''; and
                    (C) by transposing the two sentences of that 
                subsection (as so amended).
            (20) Section 7312(d) is amended by striking out ``the 
        advisory groups activities'' and inserting in lieu thereof 
        ``the activities of the advisory group''.
            (21) Section 7408(a) is amended by striking out ``civil-
        service'' and inserting in lieu thereof ``civil service''.
            (22) Sections 7433(b)(3)(A) and 7435(b)(3)(A) are amended 
        by striking out ``nation-wide'' and inserting in lieu thereof 
        ``nationwide''.
            (23) Section 7451(d)(3)(C)(i)(I) is amended by striking out 
        ``labor market area'' and inserting in lieu thereof ``labor-
        market area''.
            (24) Section 7453 is amended by striking out 
        ``subsections'' in subsections (f) and (g) and inserting in 
        lieu thereof ``subsection''.
            (25) Section 7601(a) is amended by striking out the comma 
        at the end of paragraph (1) and inserting in lieu thereof a 
        semicolon.
            (26) Section 7604 is amended by striking out 
        ``subchapters'' in paragraphs (1)(A), (2)(D), and (5) and 
        inserting in lieu thereof ``subchapter''.
            (27) Section 8126 is amended--
                    (A) in subsection (e)(1)(A), by striking out ``1-
                year'' and inserting in lieu thereof ``one-year''; and
                    (B) in subsection (f)(2), by striking out ``, and'' 
                and inserting in lieu thereof a period.
    (f) Date of Enactment References.--Title 38, United States Code, is 
amended as follows:
            (1) Section 1922A(b) is amended by striking out ``insurance 
        not later than'' and all that follows through ``that the 
        Department'' and inserting in lieu thereof ``insurance. Such 
        application must be filed not later than (1) October 31, 1993, 
        or (2) the end of the one-year period beginning on the date on 
        which the Secretary''.
            (2) Sections 3011(e) and 3012(f) are amended by striking 
        out ``the end of the 24-month period beginning on the date of 
        the enactment of this subsection'' and inserting in lieu 
        thereof ``October 28, 1994,''.
            (3) Section 3018B(a)(2)(A) is amended by striking out ``the 
        date of enactment of this section'' and inserting in lieu 
        thereof ``October 23, 1992,''.
            (4) Section 3702(a)(2)(E) is amended by striking out ``For 
        the 7-year period beginning on the date of enactment of this 
        subparagraph,'' and inserting in lieu thereof ``For the period 
        beginning on October 28, 1992, and ending on October 27, 
        1999,''.
            (5) Section 6103(d)(2) is amended by striking out ``the 
        date of enactment of this amendatory Act'' and inserting in 
        lieu thereof ``June 30, 1972''.
            (6) Section 8126 is amended--
                    (A) in subsection (e)(1)(A), by striking out ``30 
                days after the date of the enactment of this section'' 
                and inserting in lieu thereof ``December 4, 1992''; and
                    (B) in subsection (g), by striking out ``the date 
                of the enactment of this section'' in paragraphs (1) 
                and (2) and inserting in lieu thereof ``November 4, 
                1992''.
    (g) Obsolete or Executed Provisions.--Title 38, United States Code, 
is amended as follows:
            (1) Section 312(b) is amended by striking out paragraph 
        (3).
            (2) Section 1524(a)(2) is amended by striking out ``Subject 
        to paragraph (3) of this subsection, if'' and inserting in lieu 
        thereof ``If''.
            (3) Section 4110(c)(1) is amended by striking out ``shall, 
        within 90 days after the date of the enactment of this section, 
        appoint'' and inserting in lieu thereof ``shall appoint''.
            (4)(A) Section 5505 is repealed.
            (B) The table of sections at the beginning of chapter 55 is 
        amended by striking out the item relating to section 5505.
            (5) Section 7311 is amended by striking out subsections (f) 
        and (g).
            (6) Section 7453(i)(3) is amended by striking out ``of 
        title 5''.
            (7) Section 8110(c) is amended by striking out paragraph 
        (7).
            (8) Section 8111(b) is amended--
                    (A) in paragraph (2)--
                            (i) by striking out ``During fiscal years 
                        1982 and 1983'' in the second sentence and 
                        inserting in lieu thereof ``During odd-numbered 
                        fiscal years'';
                            (ii) by striking out ``During fiscal year 
                        1984'' in the third sentence and inserting in 
                        lieu thereof ``During even-numbered fiscal 
                        years''; and
                            (iii) by striking out the fourth sentence; 
                        and
                    (B) in paragraph (4), by striking out ``Within nine 
                months of the date of the enactment of this subsection 
                and at such times thereafter as'' and inserting in lieu 
                thereof ``At such times as''.
    (h) Amendments to Headings and Tables of Contents.--Title 38, 
United States Code, is amended as follows:
            (1) The table of chapters before part I and the table of 
        chapters at the beginning of part III are amended by striking 
        out the item relating to chapter 42 and inserting in lieu 
        thereof the following:

``42. Employment and Training of Veterans...................    4211''.
            (2) The heading of section 2106 is amended by revising each 
        word after the first word so that the initial letter of each 
        such word is lower case.
            (3) The item relating to subchapter III in the table of 
        sections at the beginning of chapter 73 is amended to read as 
        follows:

           ``subchapter iii--protection of patient rights''.

            (4) The heading of section 7458 is amended to read as 
        follows:
``Sec. 7458. Recruitment and retention bonus pay''.
            (5) The heading of chapter 81 is amended by inserting 
        ``enhanced-use'' before ``leases of real''.
            (6) The item relating to section 8126 in the table of 
        sections at the beginning of chapter 81 is amended to read as 
        follows:

``8126. Limitation on prices of drugs procured by Department and 
                            certain other Federal agencies.''.
    (i) Other Miscellaneous Corrections.--Title 38, United States Code, 
is amended as follows:
            (1) Section 1718(c)(1) is amended by inserting ``of 
        Veterans Affairs'' after ``Department'' in the first sentence.
            (2) Section 1922(b)(4) is amended by striking out 
        ``Notwithstanding'' and all that follows through ``title,'' and 
        inserting in lieu thereof ``Notwithstanding section 1917 of 
        this title,''.
            (3) Section 1969(d)(3) is amended by striking out ``General 
        Operating Expenses, Department'' and inserting in lieu thereof 
        ``General Operating Expenses, Department of Veterans Affairs''.
            (4) Section 3018A(a)(1) is amended by striking ``after 
        December 31, 1990,'' and all that follows through ``whichever 
        is later,'' and inserting in lieu thereof ``after February 2, 
        1991,''.
            (5) Section 3121(a)(3) is amended by striking out 
        ``Department of Veterans' Benefits'' and inserting in lieu 
        thereof ``Veterans Benefits Administration''.
            (6) Section 3680(a)(C) is amended by striking out ``1 
        full'' and inserting in lieu thereof ``one full''.
            (7) Section 4110(e)(3)(B) is amended--
                    (A) by striking out ``, United States Code,''; and
                    (B) by striking out ``the Board'' and inserting in 
                lieu thereof ``the advisory committee''.
            (8) Section 5110 is amended by striking out subsection (m).
            (9) Section 7315(b)(2) is amended by striking out 
        ``Department'' and inserting in lieu thereof ``Veterans' 
        Administration''.
            (10) Section 8111(f)(6) is amended by inserting ``of 
        Defense'' after ``the Secretary'' the second place it appears.
            (11) Section 8502(d) is amended by striking out ``General 
        Post Fund, National Homes, Department,'' and inserting in lieu 
        thereof ``General Post Fund, National Homes, Department of 
        Veterans Affairs,''.

SEC. 1202. AMENDMENTS TO OTHER LAWS ADMINISTERED BY SECRETARY OF 
              VETERANS AFFAIRS.

    (a) Public Law 102-54.--Effective as of June 13, 1991, and as if 
included in the enactment of Public Law 102-54, Public Law 102-54 is 
amended as follows:
            (1) Section 13(e) (105 Stat. 275) is amended by striking 
        out ``subsection (b)(10)'' and inserting in lieu thereof 
        ``subsection (c)(10)''.
            (2) Section 15(a)(1)(A) (105 Stat. 289) is amended by 
        inserting ``the first place it appears'' before ``in the first 
        sentence''.
    (b) Public Law 102-83.--Effective as of August 6, 1991, and as if 
included in the enactment of Public Law 102-83, section 4(a) of Public 
Law 102-83 (105 Stat. 403) is amended as follows:
            (1) Paragraph (2)(E) is amended by striking out ``Section 
        601(4)'' and inserting in lieu thereof ``Section 601(3)''.
            (2) Paragraph (4) is amended by adding at the end the 
        following:
                    ``(E) Sections 7314(b)(1) and 7315(b)(2).''.
    (c) Public Law 102-86.--Section 403(b)(4) of the Veterans' Benefits 
Programs Improvement Act of 1991 (Public Law 102-86; 105 Stat. 423; 36 
U.S.C. 493(b)(4)) is amended by striking out ``section 235'' and 
inserting in lieu thereof ``section 707''.
    (d) Public Law 102-547.--Section 10(b)(2) of the Veterans Home Loan 
Program Amendments of 1992 (106 Stat. 3643; 38 U.S.C. 3703 note) is 
amended by striking out ``paragraph 4'' and inserting in lieu thereof 
``paragraph (4)''.
    (e) Public Law 102-585.--The Veterans Health Care Act of 1992 
(Public Law 102-585) is amended as follows:
            (1) Section 202 (38 U.S.C. 8111 note) is amended by 
        striking out ``the Chief Medical Director'' and inserting in 
        lieu thereof ``the Under Secretary for Health of the Department 
        of Veterans Affairs''.
            (2) Section 511(c) (38 U.S.C. 7318 note) is amended by 
        striking out ``Chief Medical Director'' each place it appears 
        and inserting in lieu thereof ``Under Secretary for Health''.

SEC. 1203. AMENDMENTS TO OTHER LAWS.

    (a) Public Health Service Act.--The Public Health Service Act is 
amended as follows:
            (1) Section 502(b)(2)(D) (42 U.S.C. 290aa-1(b)(2)(D)) is 
        amended to read as follows:
                    ``(D) the Under Secretary for Health of the 
                Department of Veterans Affairs;''.
            (2) Section 542(b)(2) (42 U.S.C. 290dd-1(b)(2)) is amended 
        by striking out ``Chief Medical Director'' and inserting in 
        lieu thereof ``Under Secretary for Health''.
            (3) Section 2604(b)(2)(A) (42 U.S.C. 300ff-14(b)(2)(A)) is 
        amended by striking out ``Veterans Administration facilities'' 
        and inserting in lieu thereof ``Department of Veterans Affairs 
        facilities''.
    (b) Miscellaneous Department and Secretary References.--Section 
5102(c)(3) of title 5, United States Code, is amended by striking out 
the comma after ``Department of Veterans Affairs''.
    (c) Miscellaneous Cross-Reference Corrections.--
            (1) Section 1204(a)(1) of title 5, United States Code, is 
        amended by striking out ``section 4323'' and inserting in lieu 
        thereof ``section 4303''.
            (2) Section 441(b)(2)(B) of the Job Training Partnership 
        Act (29 U.S.C. 1721(b)(2)(B)) is amended--
                    (A) by striking out ``subchapter IV of chapter 3'' 
                and inserting in lieu thereof ``subchapter II of 
                chapter 77''; and
                    (B) by striking out ``sections 612A, 620A, 1787, 
                and 2003A'' and inserting in lieu thereof ``sections 
                1712A, 1720A, 3687, and 4103A''.
            (3) Section 107 of the Local Public Works Capital 
        Development and Investment Act of 1976 (42 U.S.C. 6706) is 
        amended by striking out ``section 4211(2)(A)'' and ``section 
        2011(1)'' inserting in lieu thereof ``section 4211(2)'' and 
        ``section 4211(1)'', respectively.
            (4) Section 4(g)(2) of the Employment Act of 1946 (15 
        U.S.C. 1022a(g)(2)) is amended--
                    (A) by striking out ``this subsection'' and 
                inserting in lieu thereof ``this section''; and
                    (B) by striking out ``section 2011(1) or (2)(A)'' 
                and inserting in lieu thereof ``section 4211(1) or 
                (2)''.

            Passed the House of Representatives October 7, 1994.

            Attest:






                                                                 Clerk.






103d CONGRESS

  2d Session

                               H. R. 5244

_______________________________________________________________________

                                 AN ACT

To amend title 38, United States Code, to revise and improve veterans' 
              benefits programs, and for other purposes.`